Case Note & Summary
This judgment pertains to multiple criminal appeals filed by convicted accused in the Telgi Stamp Paper Scam, which involved counterfeiting of stamp papers to the tune of Rs. 25,000 crores. The appeals were heard by the Karnataka High Court, Division Bench consisting of Justice Ravi Malimath and Justice John Michael Cunha. The appellants were originally accused Nos. 2, 4, 5, 7, 8, and 9 in trial court case S.C.No.105 of 2005. They had been convicted by the Special Court for various offences under the Indian Penal Code read with Section 120B, including counterfeiting government stamps (Sections 255, 256, 258, 259, 260 IPC), destruction of evidence (Section 201 IPC), harboring offender (Section 212 IPC), public servant disobeying direction of law (Section 217 IPC), public servant framing incorrect record (Section 218 IPC), and intentional omission to apprehend (Section 221 IPC). The sentences included rigorous imprisonment for periods of seven years and three years, along with fines. The prosecution case, as presented by the CBI, stated that accused Nos. 1 to 5 worked for M/s. Citizen Enterprises, which had offices in Jayanagar and Brigade Garden, Bengaluru. Accused No. 6, Abdul Rahim Lad Sab Telgi, was the elder brother of the kingpin accused No. 9, Abdul Kareem Telgi. Accused No. 7 was the proprietor of M/s. Citizen Enterprises. Accused No. 8 was an Inspector of Police at City Market Police Station. Accused No. 9, Abdul Kareem Telgi, was the mastermind behind the stamp paper racket. The accused were involved in manufacturing and circulating counterfeit stamp papers. The trial court convicted them on 15.04.2009 and sentenced them on 17.04.2009. The convicted accused filed these appeals under Section 374(2) of the Code of Criminal Procedure, 1973, seeking to set aside their conviction and sentences. The High Court heard all the appeals together. The provided judgment excerpt ends mid-sentence, and the final decision and reasoning of the High Court are not included.
Issue of Consideration
Case Details
2017 LawText (KAR) (09) 18
Criminal Appeal No.660/2009 c/w Criminal Appeal No.510/2011, Criminal Appeal No.338/2011, Criminal Appeal No.360/2009, Criminal Appeal No.457/2009, Criminal Appeal No.414/2009
Ravi Malimath, John Michael Cunha
M. Shashidhara, S. Shankarappa, M.T. Nanaiah, P. Prasanna Kumar
Anand @ Anand Thorat, Sohail @ Sohail Khan, Illias Ahmed, Ibrahim Hudli @ Sadiq Ibrahim Hudli, Syed Mohiyuddhin, T.G. Sangram Singh, Abdul Kareem Ladsab Teligi
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Nature of Litigation
Criminal appeals against conviction and sentence for counterfeiting government stamps and other related offences under the Indian Penal Code.
Remedy Sought
Appellants sought setting aside of the judgment of conviction dated 15.04.2009 and order on sentence dated 17.04.2009 passed by the Trial Court in S.C.No.105 of 2005.
Filing Reason
The Trial Court convicted and sentenced the appellants for various IPC offences, leading them to file appeals under Section 374(2) Cr.P.C.
Previous Decisions
The Special Court (Trial Court) in S.C.No.105 of 2005 convicted the appellants and sentenced them to rigorous imprisonment and fines on 15.04.2009 and 17.04.2009.
Judgment Excerpts
All these appeals arise out of the trial of some of the cases, which came to be known as the infamous 'Telgi Stamp Paper Scam'. According to the prosecution - Central Bureau of Investigation (hereinafter referred to as 'CBI' for brevity) the scam was to an extent of almost Rs.25,000/- Crores (Rupees Twenty Five Thousand Crores).
The case of the prosecution is that accused Nos.1 to 5 were working for M/s. Citizen Enterprises, which had its office at Jayanagar, Bengaluru and also at Brigade Garden, Church Street, Bengaluru. That accused nos.1 to 5 were staying in a Hotel by name Shalimar, at City Market, Bengaluru, during the year 1996-97. Accused no.6, Abdul Rahim Lad Sab Telgi, is the elder brother of accused no.9, Abdul Kareem Telgi. Accused no.9 was supervising the day-to day affairs of the office of M/s.Citizen Enterprises at Jayanagar and at Brigade Garden, Church Street, Bengaluru. Accused No.7, was the proprietor of M/s. Citizen Enterprises, which had its office at Jayanagar, Bengaluru. Accused No.8, was working as an Inspector of Police in the City Market Police Station during the relevant period of time. Accused no.9 Abdul Karim Telgi, was the kingpin of the stamp paper racket.
Procedural History
The Trial Court (Special Court) in S.C.No.105 of 2005 convicted the accused on 15.04.2009 and sentenced them on 17.04.2009. The accused filed appeals under Section 374(2) Cr.P.C. before the Karnataka High Court. The appeals were clubbed and heard together.
Acts & Sections
- Indian Penal Code, 1860: 255, 256, 258, 259, 260, 120B, 201, 212, 217, 218, 221
- Code of Criminal Procedure, 1973: 374(2)
