STATE (N.I.A.) VS SAMEER AND OTHERS

ADHIVAKTA PARISHAD, DELHI HIGH COURT UNIT

SECOND NATIONAL CRIMINAL VIRTUAL MOOT COURT COMPETITION, 2021

NATIONAL INVESTIGATION AGENCY,

MINISTRY OF HOME AFFAIRS,

GOVERNMENT OF INDIA, NEW DELHI.

CHARGE SHEET

(Under Section 173 (2) (i) Cr. P.C.)

IN THE COURT OF LD. SPECIAL JUDGE, N.I.A.,

PATIALA HOUSE COURT AT NEW DELHI.

STATE (N.I.A.)

VS

SAMEER AND OTHERS.



SR. NO.

LIST OF EXHIBITS PAGE NO.

1. EXHIBIT 1 – F.I.R. REPORT 3-6

2. EXHIBIT 2 – CHARGE SHEET 7-27

3. EXHIBIT 3- ANNEXURES TO CHARGESHEET 28-44

4. EXHIBIT 4- SANCTION ORDER UNDER

SECTION 196 CR.P.C.

45

5. EXHIBIT 5- SANCTION ORDER UNDER

UNLAWFUL ACTIVITIES PREVENTION ACT

46

6. EXHIBIT 6 – STATEMENT OF PROSECUTION

WITNESSES

UNDER SECTION 161 Cr. P.C.

47-52

7. EXHIBIT 7 – STATEMENT OF DEFENCE

WITNESSES UNDER SECTION 161 Cr. P.C.

53-55



EXHIBIT – 1

FIRST INFORMATION REPORT

(Under Section 154 of CrPC)

1. *District: CENTRE DELHI *Year:2015 *FIR No.: 15/2015 *Date: 25/02/2015

2. (i) *Act : Indian Penal Code, 1860 *Sections: 120B, 489B, 489C, 121, 123 and 201.

(ii) *Act : Unlawful Activities (Prevention) Act, 1967 *Sections: 16, 17, 18, 20.

3. (a) *Occurrence of Offence: OLD DELHI RAILWAY STATION *Day: WEDNESDAY

*Date from: 25/02/2015 *Time period: *Time from: 1055 HOURS.

(b) *Information received at P.S.: SPECIAL CELL, NEW DELHI, LODHI ROAD

POLICE STATION *Date: 24/02/15 *Time: 0900 HOURS.

(c) *General Diary Reference:………………… *Entry No.: ………….*Time: ……

4. Type of Information Written/ Oral: Oral Complaint

5. Place of Occurrence:

(a) Direction and Distance from P.S.: SPECIAL CELL, NEW DELHI, LODHI ROAD, 5

Kms (approx.) from the Police Station Beat No.: 13B

(b) Address: OLD DELHI RAILWAY STATION

6. Complainant/ Informant:

(a) Name Guddu Singh

(b) Father’s/ Husband’s Name Mr. Hari Lal

(c) Date/ Year of Birth 05/03/1993

(d) Nationality Indian

(e) Passport No. ………………Date of Issue ……………….Place of Issue……………

(f) Occupation Shop Owner

(g) Address 4 Temple Street, Azad Chowk, Kaka Nagar.

7. Details of known/suspected/unknown accused with full particulars (Attach separate sheet, if

necessary)

1. Sameer

2. Monu

3. Kalu @ Mama

4. Peter

5. Sohail

Attachment to item 7 of First Information Report



Physical features, deformities and other details of the suspect/ accused: (If known/ seen)

SERIAL

NO.

SEX DATE/YEAR

OF BIRTH

BUILD HEIGHT

(CMS)

COMPLEXION IDENTIFICATION

MARKS

1. 2. 3. 4. 5. 6. 7.

1. MALE 01/04/1990 WELL

BUILD ;

MEDIUM

169

CMS

FAIR

DEFORMITIES TEETH HAIR EYES HABIT (S) DRESS

8. 9. 10. 11. 12. 13.

BLACK BROWN BROWN AND

CHECKED SHIRT

AND BLUE JEANS

LANGUAGE PLACE OF

BURN

MARK

PLACE OF

LEUCODERMA

MOLE SCAR TATTO

14. 15. 16. 17. 18. 19.

ENGLISH

AND HINDI

These fields will be entered only if informant gives any one or more particulars about the

suspect/ accused.

Physical features, deformities and other details of the suspect/ accused : (if known/seen)

SERIAL

NO.

SEX DATE/

YEAR OF

BIRTH

BUILD HEIGHT

(CMS)


MARKS

1. 2. 3. 4. 5. 6. 7.

2. MALE 10/09/1950 WELL

BUILD;

MEDIUM

180

CMS.

BROWN TAN

DEFORMITIES TEETH HAIR EYES HABIT (S) DRESS

8. 9. 10. 11. 12. 13.

BLACK BROWN WHITE T-SHIRT

AND NAVY BLUE

PANT

LANGUAGE PLACE OF

BURN

MARK

PLACE OF

LEUCODERMA

MOLE SCAR TATTO

14. 15. 16. 17. 18. 19.

ENGLISH

AND HINDI



SERIAL

NO.

SEX DATE/YEAR

OF BIRTH

BUILD HEIGHT

(CMS)


MARKS

1. 2. 3. 4. 5. 6. 7.

3. MALE 01/04/1990 WELL

BUILD ;

MEDIUM

171

CMS

Dark

DEFORMITIES TEETH HAIR EYES HABIT

(S)

DRESS

8. 9. 10. 11. 12. 13.

Brown BROWN Brown and violet

checked shirt

NAVY BLUE

PANT

LANGUAGE PLACE

OF BURN

MARK

PLACE OF

LEUCODERMA

MOLE SCAR TATTO

14. 15. 16. 17. 18. 19.

ENGLISH AND

HINDI

These fields will be entered only if informant gives any one or more particulars about the

suspect/ accused

8. Reasons for delay in reporting by the complainant/ informant ………………………………

9. Particulars of properties stolen (attach separate sheet, if necessary)………………………….

10. Total value of the property stolen:………………………………………………………….

11. Inquest Report/ U.D. Case No./ if any ……………………………………………………..

12. F.I.R Contents (attach separate sheet, if required) Based on the secret information, officers

of PS Special Cell of Delhi Police, Lodhi Road, New Delhi raided the general coach No. 2 of

Farakka Express train (Train no. 13413) on its arrival at Platform No. 5 of Old Delhi Railway

Station on 25.02.2015 at 10:55 hrs. During the search, two suspect persons Sameer (A-1) and

Monu (A-2) were detained. Further, during search of their baggage, 250 notes of High Quality

Fake Indian currency notes (hereinafter referred to as FICNs) of Rs. 2000 denomination having

face value equivalent to Rs. 5 lakhs were recovered from a black color bag of accused Sameer

(A-1). Similarly, 250 notes of High Quality FICNs in denomination of Rs. 2000 having total

face value equivalent to Rs. 5 lakhs were recovered from maroon color bag of accused Monu

(A-2). Besides the above-mentioned quantity of FICNs, mobile phone sets with SIM cards,

some Identity Cards, small amount of cash and general class railway tickets of train journey

from Malda Town to Delhi were also recovered from their possession. All the items recovered

were seized in presence of independent witnesses.



13. Action taken/ Since the above information reveals commission of offence(s) u/s as

mentioned at Item No. 2:

✓ (1) Registered the case and took up the investigation: SI Aakash Singh has taken up the

Investigation.; or

(2) Directed Sh./ Smt. / Km. (Name of I.O.) …………………………………………………

No. 123 to take up the Investigation or

(3) Refused investigation due to ………………………………………………………….or

(4) Transferred to P.S. ………………..District ………………………………… on point of

jurisdiction.

F.I.R. read over to the complainant/ informant, admitted to be correctly recorded and a copy

given to the complainant/informant, free of cost.

R.O.A.C.

Sd/- Signature of Officer In-Charge

Name: Ram Lal

Rank: SHO

14. Signature/ Thumb Impression Name:

Sd/-

(Complainant/ Informant)

Guddu Singh



EXHIBIT -2

NATIONAL INVESTIGATION AGENCY,

MINISTRY OF HOME AFFAIRS,

GOVERNMENT OF INDIA, NEW DELHI.

CHARGE SHEET

(Under Section 173 (2) (i) Cr. P.C.)

IN THE COURT OF LD. SPECIAL JUDGE, N.I.A.,

PATIALA HOUSE COURT, NEW DELHI

STATE (N.I.A.)

VS

SAMEER AND OTHERS

1 Name of the Investigation Agency National Investigation Agency (NIA)

FIR No. & date NIA case no. RC-AA/2015/NIA/DLI dated

11.05.2015 arising of Case 15/2015 of PS Special

Cell, Delhi Police dated 25-02-2015.

2 Final Report/Charge Sheet No. AA/2015

3 Date of Filing 21st August, 2015

4 Sections of Laws 120B, 489B, 489C, 121, 123 and section 201 of

IPC and Section 16,17,18 and 20 of Unlawful

Activities Prevention Act, 1967, as amended.

5 Type of Final Report Charge Sheet

6 If Final Report Un-

occurred/false/Mistake of fact/ Mistake

of law/ Non-Cog/Civil Nature

Not Applicable

7 If Charge-sheet: Original /

Supplementary

Original



8 Name of Investigation Officer Sh. Rupinder Singh, NIA

9 Name of the complainant / informant Guddu Singh

10 Details of Properties/ Articles/

Documents / seized during the

investigation and relied upon

As per Annexures

11.1 PARTICULARS OF ACCUSED PERSONS CITED IN THIS CHARGE SHEET:

A-1

Name SAMEER

Whether verified Yes

Father's Name SALIM

Year/Date of Birth 1988

Sex Male

Nationality Indian

Passport No NA

Place of issue NA

Date of issue ΝΑ

Occupation Driver By Profession

Address (Present) Police Station- Nuh District

Address (Permanent) Same as above


Provisional Criminal No. NA

Regular Criminal No. (if known) NA

Date of Arrest 25th February, 2015

Under Acts & Sections Section 489 B, 489 C,120B of IPC, Sections 16,

17, 18 and 20 of UA (P) Act, as amended by Act

35 of 2008.



Date of release on bail NA

Name (s) of Bailer / sureties and Address NA

Previous convictions with case reference NIL

Status of the accused In Judicial Custody


A-2

Name MONU


Father's Name CHUNNI LAL

Year/Date of Birth 1985

Sex Male

Nationality Indian

Passport No NA

Place of issue NA

Date of issue ΝΑ

Occupation Agriculture

Address (Present) Police Station- Nuh District





Date of Arrest 25th February, 2015

Under Acts & Sections Section 489 B, 489 C, 120B of IPC, Sections 16,

17,18 and 20 of UA (P) Act (as amended by Act

35 of 2008)





Previous convictions with case reference NA



A-3

Name KALU @ Mama


Father's Name Surey Singh

Year/Date of Birth NA

Sex Male

Nationality Indian

Passport No NA

Place of issue NA

Date of issue ΝΑ

Occupation Embroidery work and Lychee Contractor

Address (Present) Police Station Kaliachak, District Malda, West

Bengal

Address (Permanent) Police Station Kaliachak, District Malda, West

Bengal




Date of Arrest 23 June 2015








A-4

Name PETER


Father's Name JOHN

Year/Date of Birth 35 Years(dead)(suicide)

Sex Male

Nationality Indian

Passport No NA

Place of issue NA

Date of issue ΝΑ


Address (Present) Police Station Barod, District Agar Malwa,

Madhya Pradesh





Date of Arrest Dead




Status of the accused Dead



12.2 PARTICULARS OF ACCUSED PERSONS AGAINST WHOM

INVESTIGATION IS PENDING U/S 173 (8) CR. P.C. :

A-5

Name SOHAIL


Father's Name HAIDAR ALI

Year/Date of Birth 56 Years

Sex Male

Nationality Indian

Passport No NA

Place of issue NA

Date of issue ΝΑ


Address (Present) Malda, West Bengal





Date of Arrest Absconding




Status of the accused Absconding

13. LIST OF DOCUMENTS ENCLOSED :

i. List of Articles

ii. Particulars of witnesses examined



14. IF FIR IS FALSE, INDICATE ACTION TAKEN OR PROPOSED TO BE TAKEN

U/S 182/211 OF IPC: NOT APPLICABLE.

15. RESULT OF LABORATORY ANALYSIS AND EXPERT OPINION REPORTS:

The results of the expert opinions are enclosed in original as per the CFSL

Report, New Delhi.

16. BACKGROUND OF REGISTRATION OF CASE BY THE SPECIAL CELL, NEW

DELHI AND TRANSFER OF INVESTIGATION TO THE NATIONAL

INVESTIGATION AGENCY:

16.1

Based on the secret information, officers of PS Special Cell of Delhi Police,

Lodhi Road, New Delhi raided the general coach No. 2 of Farakka Express

train (Train no. 13413) on its arrival at Platform No. 5 of Old Delhi railway

station on 25.02.2015 at 1055 hrs. During the search, two suspect persons

Sameer (A-1) and Monu (A-2) were detained. Further, during search of

their baggage, 250 notes of High Quality Fake Indian currency notes

(hereinafter referred to as FICNs) of Rs. 2000 denomination having face

value equivalent to Rs. 5 lakhs were recovered from a black colour bag of

accused Sameer (A-1). Similarly, 250 notes of High Quality FICNs in

denomination of Rs. 2000 having total face value equivalent to Rs. 5 lakhs

were recovered from maroon colour bag of accused Monu (A-2). Besides

the above-mentioned quantity of FICNs, mobile phone sets with SIM cards,

some Identity Cards, small amount of cash and general class railway tickets

of train journey from Malda Town to Delhi were also recovered from their

possession. All the items recovered were seized in presence of independent

witnesses.

16.2

On further examination, it was revealed that the accused persons were

coming from Malda Town Railway Station and on preliminary questioning,



they revealed that they had procured the seized Fake Indian Currency

Notes (FICNs) from Kalu @ Mama (A-3) of Kaliachak, Malda.

16.3

Accordingly, the Special Cell, Delhi Police arrested the two accused Sameer

(A-1) and Monu (A-2) and registered an FIR vide case no. 15/2015 u/s

120B/489B/489C IPC at Police Station Special Cell, New Delhi dated

25.02.2015 and commenced investigation.

16.4

Subsequently, the seized FICN was sent to the CFSL, CBI at New Delhi for

expert examination and a preliminary report of CFSL dated 16th April 2015

opined that the seized FICN is of High Quality. Accordingly, on receipt of

the said opinion, the Delhi Police Special Cell invoked offences under section

15(1)(a)(iiia)/16 of the Unlawful Activities Prevention Act, 1967, after

receiving orders from Deputy Commissioner of Police, Special Cell, Delhi

Police.

16.5

In pursuance of the order, issued by Ministry of Home Affairs, Govt. Of

India, New Delhi, vide its order No. 26/2015 dated 30.04.2015, directing

NIA to investigate the case, NIA re-registered the case as RC-

AA/2015/NIA/DLI on 11.05.2015 under section 120B, 489B, 489C of IPC

and commenced investigation. Subsequently, section 16,17,18 & 20 of UA

(P) Act, 1967 was invoked after receipt of preliminary report of CFSL, CBI,

New Delhi declaring seized FICN as of High Quality and orders of competent

authority.

17. FACTS DISCLOSED DURING INVESTIGATION

17.1

Detection of the crime and registration: On 24th Feb, 2015, PS Special

Cell, New Delhi received source information that accused Sameer (A-1)



along with his associate namely Monu (A-2) has collected huge

consignment of FICN from another associate Kalu @ Mama (A-3) on 23rd

Feb 2015 and started from Malda to Delhi on the same day by Farakka

Express, which would arrive at Old Delhi Railway Station in the morning of

25th Feb, 2015.

17.2

Accordingly, a team of officers of PS Special Cell, Delhi Police arrived at the

concerned platform where the aforesaid train arrived at about 1055 hrs and

after identification of the aforesaid two accused persons by the secret

source, detained Sameer (A-1) and Monu (A-2) in the general coach of

Farakka Express, which arrived at platform No. 5 on Old Delhi Railway

station at about 1055 hrs on 25th February 2015.

17.3

As per the information of the informer both the suspects are apprehended

and primary search was carried out. On search of the black colour canvas

shoulder bag of the accused Sameer (A-1) 250 notes of High Quality FICNs

in denomination of Rs. 2000 having total face value equivalent to Rs. 5

lakhs were recovered. The same was kept in a secret cavity of the bag were

recovered and seized in presence of witnesses. Photographs were also

taken at the time of seizure.

17.4

Similarly, on search of maroon colour canvas shoulder bag of the accused

Monu (A-2) 250 notes of High Quality FICNs in denomination of Rs. 2000

having total face value equivalent to Rs. 5 lakhs were recovered kept in a

secret cavity of the bag were recovered. A detailed seizure memo was

prepared in the presence of independent witnesses and the police team.

17.5

On interrogation, both the accused disclosed that they had collected these

aforesaid FICNs from their associate Kalu @ Mama (A-3) resident of



Kaliachak, Malda, West Bengal. They also revealed that out of this

consignment, FICN of Rs. 5,00,000/- denomination was to be delivered in

Pulwama, Jammu and Kashmir to Peter (A-4) who would have contacted

them. They further informed that said FICN’s notes were to be utilised for

Bomb Blast on Indian Army Convoy on 15.08.2015. Accordingly, Sameer

(A-1) and Monu (A-2) were arrested.

17.6

On personal search of accused Sameer (A-1) following things were

recovered:-

1. 2 (two) mobile phones of Samsung learning IMEI number

1234900897216870 and 1237899798261987,

2. 1 (one) SIM card of Airtel and

3. 2 (two) SIM cards of Vodafone

4. Some identity documents such as Aadhar Card,

5. some cash and

6. railway general travel ticket no.123234 of Rs 335 from Malda town to

Delhi Junction for 23.02.2015, were recovered from his possession.

17.7

Similarly, from personal search of accused Monu (A-2) following things

were recovered: -

1. 1 (one) mobile phone of make Jio bearing IMEI number 231490123987,

2. 1(one) JIO SIM card,

3. some cash and

4. one Railway Ticket No.123235 for travel from Malda town to Delhi

Junction for 23.02.2015 were recovered from his possession and seized.



17.8

Registration of the case and Investigation by Special Cell, Delhi

Police: After the seizure from crime scene, on return to PS Special Cell, a

case vide FIR no. 15/2015 was registered at Police Station Special Cell,

New Delhi uls 120B/489B/489C IPC and SI Aakash Singh was appointed as

the investigating officer.

17.9

The Special Cell, Delhi Police forwarded the seized FICN to CFSL CBI, New

Delhi for their expert opinion. The CFSL, CBI, New Delhi forwarded its

preliminary report vide its file no. 12342/2015 wherein it opined that the

disputed notes appear to be of High Quality, on random examination. In

another expert opinion, on examination of a part of the recovered FICN vide

no.12432/ 2015 dated 23.05.2015, the CFSL has opined that the

questioned Indian Currency notes are Fake Indian Currency Notes (FICN).

17.10

In his examination by Special Cell, Delhi Police, accused Sameer (A-1)

disclosed several names of associates in this organized supply and purchase

of FICN, namely Peter (A-4) and Kalu @ Mama (A-3). He stated that he

used to receive 10% commission on each deal. He disclosed that he and

Monu (A-2) used to receive consignments of FICN from Kaliachak, Malda

and travel in general coach of trains as it was comparatively safe.

17.11

On custodial examination, by Special Cell, Delhi Police, Monu (A-2)

disclosed about the role of Kalu @ Mama (A-3) of Kaliachak and Peter

(A-4) of Barod, MP in the sale/purchase of FICN seized. As per the

instructions of Kalu @ Mama (A-3) they were asked to travel to Pulwama

after reaching Delhi and immediately contact and deliver to FICN notes to

Peter (A-4). He further revealed that Kalu @ Mama (A-3) was taking

instructions from someone else who was doing the main planning.



17.12

Delhi Police staff searched the house and premises of Peter (A-4) on

27.02.2015 and 28.02.2015 at Barod, District Agar Malwa, Madhya Pradesh

but he was found absconding.

17.13

Further Investigation by NIA: In compliance of the order No. 26/2015

dated 30.04.2015 of MHA, GOI, New Delhi, the investigation of the case

was taken over by NIA as NIA case No. RC-AA/2015/NIA/DLI on

11.05.2015 under sections 120B, 489B and 489C of IPC. Section 16, 17,

18 and 20 of UA (P) Act 1967 were invoked on perusal of the case record,

circumstances of recovery, examination of the expert opinion report of

CFSL, CBI, New Delhi opining the seized FICN to be of "High Quality" and

approval of competent authority, issued under section 6(3) of the

“Investigation of High-Quality Counterfeit Indian Currency Offences Rules,

2013”. The accused Sameer (A-1) and Monu (A-2) were examined in Police

custody of NIA, after obtaining police custody from this Hon'ble Court.

17.14

The accused Sameer (A-1) admitted his involvement in the case and

disclosed the involvement of other accused persons Kalu @ Mama (A-3)

and Peter (A-4). He was also informed that Kalu @Mama used to take

instruction from Sohail (A-5) who was planning to carry out bomb blast in

Pulwama on Indian Army Convoy by 15th August. He further informed that

Sohail (A-5) was also in touch with Lashkar-e-Taiba senior people from

Pakistan.

17.15

The accused Monu (A-2) admitted his involvement in the case and disclosed

the involvement of other accused persons namely Kalu @ Mama (A-3) Peter

(A-4) and Sohail (A-5). He further informed that Kalu @ Mama (A-3) had

received instructions from Pakistan and Bangladesh with the blast code



“DHULAN KO SAJANE KA WAKAT AAGAYA HAI” blast as soon as FICN

currency reaches Pulwama to Sohail (A-5)

17.16

The Call Detail Records (also referred to as CDRs) of the SIM cards used by

accused persons were obtained during the interrogations from the Mobile

Service providers and the contents of the mobile phones containing contact

list of the phones recovered from the accused, were obtained from expert

opinion of CERT-In, New Delhi. These were analyzed. The field teams were

deputed in Madhya Pradesh and West Bengal for verification of these

numbers and identification of Kalu @ Mama (A-3). It was concluded as

follows:-

Accused Name Location of Mobile In Touch with

Sameer (A-1) Madhya Pradesh, West Bengal

and Delhi

He was in constant touch Monu (A-

2), Kalu @ Mama (A-3) and A-4

(Peter)

Monu (A-2) Madhya Pradesh, West Bengal

and Delhi

He was in constant touch Sameer

(A-1), Kalu @ Mama

(A-3) and Peter (A-4)

Kalu @ Mama

(A-3)

West Bengal (Very close to

Bangladesh Borders)

He was in constant touch Sameer

(A-1) Monu (A-2) and Peter (A-4)

He was also in touch with another

number which was later to be

identified as number of Sohail (A-5)

Peter (A-4) Madhya Pradesh and Pulwama He was in constant touch Sameer

(A-1) Monu (A-2) and Kalu @

Mama (A-3)

Since May end his number is

switched off

17.17

A team of NIA investigators was also sent to search the house and premises

of accused Peter (A-4) on 27th May, 2015 but he was found absconding.

17.18

During investigation, the field team of NIA camping at Barod, District Agar

Malwa, MP got information that accused Peter (A-4) has been admitted in



SK Hospital Rajasthan for treatment of poisoning. On receipt of above

information, a team of officers was sent to Rajasthan on 19.06.2015 for

investigation and to verify the information. The team confirmed that the

wanted accused of the instant case Peter (A-4) was indeed admitted in SK

Hospital as a case of poisoning where he expired during the treatment on

22nd June, 2015. The cause death was suicide.

17.19

The death of Peter (A-4) has adversely affected the investigation as it now

becomes difficult to ascertain and arrest the syndicate group who was

planning to carry out bomb blast on Indian Army Convoy on 15.08.2015 at

Pulwama.

17.20

During course of investigation, a team was sent to Malda on 23.06.2015

and it was successful in establishing the real identity of the suspect Kalu @

Mama (A-3), wanted in the instant case for providing the FICNs to accused

Sameer (A-1) and Monu (A-2) at Malda, which was seized from them on

25th Feb, 2015.

17.21

The NIA team examined Kalu @ Mama (A-3) and searched his house

following things were recovered on 23.06.2015: -

• Seized one OPPO mobile having IMEI Number 1289236812974538

• Mobile phone without sim card bearing IMEI Number 1867129738289282,

• One sealed black colour Apple Mobile mobile having IMEI number

21129892920102

• one Micro SD card of 2 GB,

• one bill receipt and

• one empty box of mobile phone,



After observing the legal formalities all the following documents and articles

were seized.

17.22

During investigation, 2 bank account statements of Kalu @ Mama (A-3) and

one bank account statement of his wife namely Smt. Bibi were also

ascertained and copies of his accounts opening forms and related KYC

forms were obtained. In Financial Inclusion Account Opening Form, Kalu @

Mama (A-3) has mentioned mobile no. 8840123456 as his number and this

is the same number whose CDR shows frequent communication and

association with mobile nos. of Peter (A-4), Sameer (A-1), Monu (A-2) and

Sohail (A-5).

17.23

The detailed analysis of CDR records and IMEI number shows as follows:-

• An Oppo phone bearing IMEI number 1289236812974538 having mobile

number 8840123456 was frequently used to make telephonic calls

Sameer (A-1) and Monu (A-2). The same is also mentioned in the CDR

records.

17.24

Accused Kalu @ Mama (A-3) was questioned about the involvement and

role of accused Sohail (A-5) but he gave evasive answers about the same.

It will not be out of place to mention that he did not provide NIA any details

of where about of Sohail (A-5).

After establishing the identity and involvement of the suspect in the instant

case, accused Kalu @ Mama (A-3) was arrested on 23.06.2015 from Malda

observing legal formalities and produced before local court in Malda. Later,

he was examined in Police Custody.

17.25



During examination in Police Custody, Kalu @ Mama (A-3) revealed that he

had received FICN from accused Sohail (A-5) on several occasions in the

past for further sale and transaction. He further revealed that Sohail (A-5)

was the main conspirator and he was in constant touch with Lashkar-e-

Taiba from Pakistan and Bangladesh. He further revealed that Sohail was

planning to execute bomb blast on Indian Army convoy on 15.08.2015. He

revealed that Sohail (A-5) crossed the border at night and went to

Bangladesh on 20.06.2015.

17.26

On 24.06.2015 NIA team got an information through its sources that on

20.06.2015 Sohail (A-5) was seen in the morning with one unknown person

along with Kalu @ Mama (A-3) in Kaliachak village, Malda. Accused Kalu @

Mama (A-3) was taken to Kaliachak village, Malda for pointing out locations

where they want to set the bomb and he met Sohail (A-5)

17.27

Based on his disclosures, sketches were prepared of pointed out locations,

in presence of independent witnesses. Kalu @Mama (A-3) pointed out the

places where he took both Sameer (A-1) and Monu (A-2) from Malda Town

Rly. Station and sent them to his house through one youth of nearby

village, on his motor cycle. He also pointed out his own house where

delivery of FICN of denomination Rs 10 lakhs took place in presence of

Sohail (A-5).

17.28

During the course of investigation, the house of Sohail (A-5) was searched

number of times but incriminating substance could not be recovered as Kalu

@ Mama (A-3) had destroyed all the evidences. NIA team found one public

witness named Shaurakh Khan who claimed that he had seen Sohail (A-5)

on 20.06.2015 at about 8.23 AM with two persons i.e., Kalu @ Mama (A-

3) and one unknown person in black Kurta Pajama.



Same day concerned BSF post officer was requested to join the

investigation but unfortunately even he could not provide us any necessary

information about the infiltration at India Bangladesh Border.

17.29

The CDR of mobile no. 984323434 of Sameer (A-1) shows his presence in

Malda on 24th & 25th July 2014, which establishes his journey to Farakka

/ Malda in July, 2014. Again, the CDR of mobile no. 984323434 of Sameer

(A-1) shows his presence in Farakka / Malda on 25th & 26th September

2014 which establishes his 2nd trip to West Bengal in September, 2014.

17.30

The CDR analysis of mobile no. 9843234334 of Sameer (A-1) shows his

presence in Bardhaman and Birbhum district of West Bengal, on 5th Feb,

2015. CDR analysis of mobile number 4573223232 of Monu (A-2) shows

that his mobile was switched off from 3rd Feb, 2015 (last call at 19:04:42)

till 7th Feb, 2015 (first call at 14:47:56) which indicates that he had cleverly

switched off his mobile phone, while on trip to West Bengal. As per the

investigation, this deal could not materialize and Sameer (A-1) and Monu

(A-2) were asked to return back by Kalu @ Mama(A-3) as Sohail (A-5) close

friend Ikbal Khan was arrested by local police in another case, on 5th

February, 2015 and they were fearing more arrests.

17.31

As per disclosure of Kalu @ Mama (A-3), since the deal could not materialize

in the 1st week of Feb, 2015, he made telephonic contact with Monu (A-2),

duly established by the CDR's of mobile numbers. This time a deal was

struck for procurement of approx. FICN of Rs. 10 lakhs denomination for a

cost of about Rs. 3.5 lakh. As per disclosure of Kalu @ Mama (A-3), he

collected FICN worth Rs. 10 lakh form Sohail (A-5) for sending it to

Pulwama through Sameer (A-1) and Monu (A-2) and where it had to be



collected by Peter (A-4) to carry out Bomb Blast on convoy of Indian Army

on 15.08.2015.

17.32

Kalu @ mama (A-3) contacted Peter (A-4) on mobile phone as reflected in

the CDR analysis to confirm availability of FICN. Accordingly, on directions

of Peter (A-4), Sameer (A-1) and Monu (A-2) left for Malda, West Bengal

with Rs. 10 lakhs FICN cash. They left Agar, Malwa on 21/02/2015 and

after reaching Farakka railway station, they were joined by Kalu @ mama

(A-3) in train for onward journey to Malda. After reaching Malda, Sameer

(A-1) and Monu (A-2) were taken to the house of Kalu @ mama (A-3), as

per arrangements made by him. They received FICN consignment of Rs. 10

lakhs, from Kalu @ Mama (A-3) on the instruction of Sohail A-5, in the

house of Kalu @ Mama (A-3), on 23-02-2015,

Accordingly, after transaction, they left Malda for Pulwama to hand over

the Rs. 10 lakhs FICN consignment to Peter (A-4) as agreed upon but they

were finally intercepted and arrested at Old Delhi Railway Station by Delhi

Police Special Cell personnel.

17.33

The analysis of the CDRs and phone data of the phones seized from accused

Sameer (A-1) and Monu (A-2), clearly establishes their movement from

Madhya Pradesh to West Bengal and frequent telephonic conversation

between Sameer (A-1) and Kalu @ Mama (A-3) and telephonic contact

between Peter (A-4) and Kalu @ Mama (A-3) on 23rd February 2015 prove

their association with the criminal conspiracy.

17.34

During the course of investigation, all the reports of the expert examination

of the seized FICN by CFSL, CBI, New Delhi have been received and the

gist of the opinion is noted in table below :



17.35

As per the report of CFSL, New Delhi it opined that all the notes received

vide report no. 123/2015, 563/2015 and 1204/2015 are high quality FICN

notes. But the CFSL, New Delhi did not provide any other explanation about

their conclusion.

17.36

Technical Evidence: The technical evidence in the form of Call detail

analysis of the mobile phones belonging to the accused persons has been

collected. The contents of the mobile phones seized from the accused

persons, also show the numbers of accused persons stored in their phone

books, thereby establishing their association. The tower locations of their

mobiles, from their call records, and transcripts on important dates,

establish their plans relating to blast.

17.37

The Investigation has clearly established that both Sameer (A-1) and Monu

(A-2) in conspiracy with Kalu @ Mama (A-3), Peter (A-4) and Sohail (A-5)

were closely associated as a gang, which was actively involved in a criminal

conspiracy for purchase, procurement, transportation and financing of

extremely high quantity (10 lakhs) of High Quality Fake Indian Currency

Sl. Report no. Expert opinion

1 CFSL No. 123/2015 On random examination, the notes

examined appear to be of High Quality.

2 CFSL No. 563/2015 250 Nos of notes of Rs. 2000/-

denomination examined are FICN.{This lot

was seized from Sameer (A-1).}

3 CFSL No. 1204/2015 250 Nos of notes of Rs. 2000/-

denomination examined are FICN.{This lot

was seized from Monu (A-2).}



notes for distribution across the country and therefore their such actions

clearly tantamount to a terrorist conspiracy with a gang causing damage to

monetary stability of India. They are therefore liable for commission of

offences under section 120B, 489B, 489C, Section 121, Section 123 and

section 201 of IPC and Section 16,17,18 and 20 of Unlawful Activities

Prevention Act, 1967, as amended.

18. CHARGE :

As per the submissions noted above, it is concluded that and sufficient

material evidence has come on record to charge the following accused

person for commission of offences as noted against him.

Sl. No. Name and

particulars of

accused person

Charged for commission of Offences as noted

A-1 Sameer

120B, 489B, 489C, Section 121 and Section 123,

section 201 of IPC and Section 16,17,18 and 20 of

Unlawful Activities Prevention Act, 1967, as

amended.

A-2 Monu

120B, 489B, 489C, Section 121 and Section 123,



amended.

A-3 Kalu @ Mama 120B, 489B, 489C, Section 121 and Section 123,



amended.

19.

Sanction for prosecution of accused persons for commission of offences

under Unlawful Activities (Prevention) Act, 1967, as envisaged under



Section 45(1) of the Unlawful Activities (Prevention) Act, 1967, have been

obtained from the competent authority and enclosed.

20.

It is therefore, prayed that this Hon'ble court may take the cognizance of

the offences committed by the accused persons as mentioned in para 18

above and issue processes to the said accused persons to stand trial in the

court in accordance with law.

21. LIST OF ENCLOSURES:

The connected list of witnesses and their statements, documents, material

evidence and expert reports submitted before this Hon'ble Court, are as per

the Annexures noted below:

22.

Dispatched on : 24 August 2015.

Submitted

Sd/-

Rupinder Singh

Superintendent of Police,

Chief Investigating Officer NIA, New Delhi.



EXHIBIT -3

ANNEXURE A

ARREST MEMO OF SAMEER (A-1)

P/S:- Special Cell, Delhi

DISTRICT:- New Delhi

Date:- 25.02.2015

1. Name of Arrestee SAMEER

2. Address of Arrestee NUH DISTRICT

3. FIR No. 15/2015

4. Sections of Law 120B, 489B, 489C Section of IPC

5. Place of Arrest Platform No. 5 on Old Delhi Railway station

6. Date of Arrest 25.02.2015

7. Time of Arrest 11:20 PM

8. Name & Rank of Officer Insp. Aakash Singh

9. Person of the Arrestee to be

informed with address

Brother of Sameer Nuh District

Witnesses:-

1. Ravi Kumar (Independent Witness)

2. HC Ram Kumar

Signature of the

Memo Issuing Officer (Range Officer)

With date & designation.

Sd/-

Insp. Aakash Singh,

22.02.2015

Copy forwarded to …………………………………………………………… Magistrate

……………………...……………………………………… for favour of information.



ANNEXURE B

PERSONAL SEARCH MEMO OF SAMEER (A-1)



Date:- 25.02.2015

1. Name of Arrestee Sameer

2. Address of Arrestee Nuh District

3. FIR No. 15/2015




7. Documents and

Articles in

Possession

1. 2 (two) mobile phones of Samsung learning

IMEI number 1234900897216870 and

1237899798261987,

2. 1 (one) SIM card of Airtel and

3. 2 (two) SIM cards of Vodafone

4. Some identity documents such as Aadhar

Card,

5. some cash and a railway general travel ticket

no.123234 of Rs 335 from Malda town to

Delhi Junction for 23.02.2015, were

recovered from his possession.

Witnesses:-


2. HC Ram Kumar

Sd/-

Insp. Aakash Singh,

22.02.2015



ANNEXURE C

ARREST MEMO OF MONU (A-2)



Date:- 25.02.2015

1. Name of Arrestee MONU

2. Address of Arrestee NUH DISTRICT

3. FIR No. 15/2015





8. Name & Rank of Officer Insp. Aakash Singh



Daughter of Monu Nuh District

Witnesses:-


2. HC Ram Kumar

Signature of the

Memo Issuing Officer (Range Officer)


Sd/-

SI Akash Singh,

22.02.2015





ANNEXURE D

PERSONAL SEARCH MEMO OF MONU (A-2)



Date:- 25.02.2015

1. Name of Arrestee Monu

2. Address of Arrestee Nuh District

3. FIR No. 15/2015




7. Documents and

Articles in

Possession

1. 1 (one) mobile phone of make Jio

bearing IMEI number 231490123987,

2. 1(one) JIO SIM card,

3. some cash and

4. One Railway Ticket No.123235 for

travel from Malda town to Delhi

Junction for 23.02.2015 were recovered

from his possession and seized.

Witnesses:-

1.Ravi Kumar (Independent Witness)

2.HC Ram Kumar

Sd/-

Insp. Akash Singh,

22.02.2015



ANNEXURE E

SOME OF THE PHOTOGRAPHS OF CLICKED FICN NOTES AT

RAILWAY STATION- ALL PHOTOGRAPHS WILL BE SUBMITTED IN

COURT IN SEALED COVER





ANNEXURE F

SEIZURE OF FICN NOTES FROM SAMEER A-1



Date OF FIR:- 25.02.2015

U/S:- 489B, 489C, 120B IPC

A black color canvas shoulder bag having mark of ADIDAS containing 250

notes of High Quality FICNs in denomination of Rs. 2000 having total face

value equivalent to Rs. 5 lakhs are seized and kept in white cloth pullanda

with the seal of RP bearing star mark of RP.

Number written on 250 FICN notes found in possession of Sameer (A-1)

are enclosed with this seizure memo. The said seizure memo is signed by

all the witnesses voluntarily.

Witnesses:-


2. HC Ram Kumar

(Signature of IO)

Date:- 25.02.2015



ANNEXURE G

NUMBERS ON FICN NOTES FOUND IN POSSESSION OF

SAMEER (A-1)

4CG551001 4CG551200 4CG551067 4CG551070 4CG5510E0

4CG551020 4CG551030 4CG551100 4CG551768 4CG551230

4CG551340 4CG551120 4CG551065 4CG551068 4CG551300

4CG551430 4CG551780 4CG551076 4CG551785 4CG551440

4CG551340 4CG551768 4CG551065 4CG551650 4CG551600

4CG551034 4CG551875 4CG551056 4CG551568 4CG551086

4CG551500 4CG551567 4CG551078 4CG551689 4CG551689

4CG551670 4CG551054 4CG551087 4CG551975 4CG551009

4CG551760 4CG551056 4CG551097 4CG551865 4CG551080

4CG551560 4CG551670 4CG551087 4CG551877 4CG551076

4CG551056 4CG551567 4CG551056 4CG551777 4CG551033

4CG551650 4CG551568 4CG551657 4CG551888 4CG551031

4CG551650 4CG551875 4CG551676 4CG551999 4CG551012

4CG551450 4CG551456 4CG551678 4CG751999 4CG551002

4CG551760 4CG551567 4CG551657 4CG551760 4CG551066

4CG551670 4CG551764 4CG551670 4CG551876 4CG551077



4CG551800 4CG551560 4CG551675 4CG551076 4CG551088

4CG551090 4CG551456 4CG551567 4CG551023 4CG551099

4CG551990 4CG551050 4CG551986 4CG551034 4CG551000

4CG551880 4CG551450 4CG551876 4CG551034 4CG551076

4CG551880 4CG551650 4CG551770 4CG551044 4CG551078

4CG551760 4CG551453 4CG551778 4CG551055 4CG551055

4CG551970 4CG551457 4CG551678 4CG551045 4CG551066

4CG551870 4CG551456 4CG551789 4CG551054 4CG551074

4CG551076 4CG551457 4CG551768 4CG551053 4CG551099

4CG551087 4CG551764 4CG551764 4CG551034 4CG551075

4CG551006 4CG551678 4CG551567 4CG551048 4CG551048

4CG551076 4CG551096 4CG551095 4CG551094 4CG551094

4CG551067 4CG551064 4CG551023 4CG551017 4CG551037

4CG551060 4CG551075 4CG551042 4CG551016 4CG551037

4CG551650 4CG551086 4CG551045 4CG551019 4CG551047

4CG551675 4CG551076 4CG551064 4CG551016 4CG551043

4CG551545 4CG551076 4CG551056 4CG551027 4CG551043

4CG551456 4CG551786 4CG551045 4CG551423 4CG551063

4CG551897 4CG551756 4CG551654 4CG551754 4CG551047

4CG551678 4CG551765 4CG551234 4CG551456 4CG551034



4CG551567 4CG551765 4CG551342 4CG551642 4CG551047

4CG551865 4CG551647 4CG551026 4CG551345 4CG551064

4CG551568 4CG551400 4CG5510E0 4CG551000 4CG551453

4CG551063 4CG551430 4CG551067 4CG551650 4CG551453

4CG551070 4CG551657 4CG551089 4CG551000 4CG551653

4CG551567 4CG551045 4CG551098 4CG551000 4CG551634

4CG551054 4CG55154 4CG551086 4CG551000 4CG551654

4CG551048 4CG551032 4CG551075 4CG551457 4CG551435

4CG551083 4CG551564 4CG551048 4CG551463 4CG551064

4CG551070 4CG551654 4CG551012 4CG551745 4CG551689

4CG551083 4CG551642 4CG551019 4CG551765 4CG551435

4CG551058 4CG551645 4CG551017 4CG551753 4CG551430

4CG551083 4CG551642 4CG551018 4CG551753 4CG551043

4CG551069 4CG551647 4CG551017 4CG551664 4CG551450



ANNEXURE H

SEIZURE OF FICN NOTES FROM MONU A-2



Date of FIR:- 25.02.2015

U/S:- 489B, 489C, 120B IPC

A marron color bag having mark of NIKE containing 250 notes of High

Quality FICNs in denomination of Rs. 2000 having total face value

equivalent to Rs. 5 lakhs are seized and kept in white cloth pullanda with

the seal of RP bearing star mark of RP.

Number written on 250 FICN notes found in possession of Monu (A-2) are

enclosed with this seizure memo. The said seizure memo is signed by all

the witnesses voluntarily.

Witnesses:-

1.Ravi Kumar (Independent Witness)

2.HC Ram Kumar

(Signature of IO)

Date:- 25.02.2015



ANNEXURE I

NUMBERS ON FICN NOTES FOUND IN POSSESSION OF

MONU (A-2)

4CG551001 4CG551200 4CG551067 4CG551070 4CG5510E0

4CG551020 4CG551030 4CG551100 4CG551768 4CG551230

4CG551340 4CG551120 4CG551065 4CG551068 4CG551300

4CG551430 4CG551780 4CG551076 4CG551785 4CG551440

4CG551340 4CG551768 4CG551065 4CG551650 4CG551600

4CG551034 4CG551875 4CG551056 4CG551568 4CG551086

4CG551500 4CG551567 4CG551078 4CG551689 4CG551689

4CG551670 4CG551054 4CG551087 4CG551975 4CG551009

4CG551760 4CG551056 4CG551097 4CG551865 4CG551080

4CG551560 4CG551670 4CG551087 4CG551877 4CG551076

4CG551056 4CG551567 4CG551056 4CG551777 4CG551033

4CG551650 4CG551568 4CG551657 4CG551888 4CG551031

4CG551650 4CG551875 4CG551676 4CG551999 4CG551012

4CG551450 4CG551456 4CG551678 4CG751999 4CG551002

4CG551760 4CG551567 4CG551657 4CG551760 4CG551066

4CG551670 4CG551764 4CG551670 4CG551876 4CG551077



4CG551800 4CG551560 4CG551675 4CG551076 4CG551088

4CG551090 4CG551456 4CG551567 4CG551023 4CG551099

4CG551990 4CG551050 4CG551986 4CG551034 4CG551000

4CG551880 4CG551450 4CG551876 4CG551034 4CG551076

4CG551880 4CG551650 4CG551770 4CG551044 4CG551078

4CG551760 4CG551453 4CG551778 4CG551055 4CG551055

4CG551970 4CG551457 4CG551678 4CG551045 4CG551066

4CG551870 4CG551456 4CG551789 4CG551054 4CG551074

4CG551076 4CG551457 4CG551768 4CG551053 4CG551099

4CG551087 4CG551764 4CG551764 4CG551034 4CG551075

4CG551006 4CG551678 4CG551567 4CG551048 4CG551048

4CG551076 4CG551096 4CG551095 4CG551094 4CG551094

4CG551067 4CG551064 4CG551023 4CG551017 4CG551037

4CG551060 4CG551075 4CG551042 4CG551016 4CG551037

4CG551650 4CG551086 4CG551045 4CG551019 4CG551047

4CG551675 4CG551076 4CG551064 4CG551016 4CG551043

4CG551545 4CG551076 4CG551056 4CG551027 4CG551043

4CG551456 4CG551786 4CG551045 4CG551423 4CG551063

4CG551897 4CG551756 4CG551654 4CG551754 4CG551047

4CG551678 4CG551765 4CG551234 4CG551456 4CG551034



4CG551567 4CG551765 4CG551342 4CG551642 4CG551047

4CG551865 4CG551647 4CG551026 4CG551345 4CG551064

4CG551568 4CG551400 4CG5510E0 4CG551000 4CG551453

4CG551063 4CG551430 4CG551067 4CG551650 4CG551453

4CG551070 4CG551657 4CG551089 4CG551000 4CG551653

4CG551567 4CG551045 4CG551098 4CG551000 4CG551634

4CG551054 4CG55154 4CG551086 4CG551000 4CG551654

4CG551048 4CG551032 4CG551075 4CG551457 4CG551435

4CG551083 4CG551564 4CG551048 4CG551463 4CG551064

4CG551070 4CG551654 4CG551012 4CG551745 4CG551689

4CG551083 4CG551642 4CG551019 4CG551765 4CG551435

4CG551058 4CG551645 4CG551017 4CG551753 4CG551430

4CG551083 4CG551642 4CG551018 4CG551753 4CG551043

4CG551069 4CG551647 4CG551017 4CG551664 4CG551450



ANNEXURE J

ARREST MEMO OF KALU @ MAMA (A-3)



Date:- 25.02.2015

1. Name of Arrestee KALU @ MAMA

2. Address of Arrestee Kaliachak Village

3. FIR No. RC-AA/2015/NIA/DLI


5. Place of Arrest Kaliachak Village, residence of Kalu @

Mama



8. Name & Rank of Officer Supt. Satya Pandey



Wife of Kalu @ Mama of Kaliachak

village

Witnesses:-

1.Shona Kumar, Bengal Police

2.Shyam Kumar, Independent Witness

Sd/-

Signature of the Memo Issuing Officer (Range Officer)


23.06.2015





ANNEXURE K

PERSONAL SEARCH MEMO OF KALU @ MAMA (A-3)



Date:- 25.02.2015

1. Name of Arrestee Kalu @ Mama

2. Address of Arrestee Kaliachak Village

3. FIR No. RC-AA/2015/NIA/DLI


5. Place of Arrest Kaliachak Village, residence of Kalu @ Mama


7. Documents and

Articles in

Possession

NIL

Witnesses:-



Sd/-

Supt. Satya Pandey,

23.06.2015



ANNEXURE L

SEIZURE OF DOCUMENTS AND ELECTRONIC DEVISES

FROM KALU @ MAMA (A-3)

P/S:- NIA


Date OF FIR:- 25.02.2015

U/S:- 489B, 489C, 120B IPC

After carrying out the search at the residence of Kalu @ Mama following

documents and electronic devices were seized:-

• Seized one OPPO mobile having IMEI Number 1289236812974538 was

sealed in white plastic box having seal of SP

• Mobile phone without sim card bearing IMEI Number 1867129738289282,

was sealed in red box having seal of SP

• One sealed black colour Apple Mobile mobile having IMEI number

21129892920102 was sealed in white plastic box having seal of SP

• one Micro SD card of 2 GB having number 2138910237894698 was sealed

in white plastic box having seal of SP

• one bill receipt of electricity connection was sealed in an envelope with the

seal of SP

• one empty box of mobile phone was sealed in a plastic box having seal of SP

Witnesses:-



(Signature of IO)

Date 23.06.2015



EXHIBIT – 4

OFFICE OF DISTRICT MAGISTRATE

CENTRE DELHI

NOTIFICATION

WHEREAS, In compliance of the order No. 26/2015 dated 30.04.2015 of MHA, GOI, New

Delhi, the investigation of the case was taken over by NIA.

WHEREAS, IN THIS CONNECTION, NIA case No. RC-AA/2015/NIA/DLI on 11.05.2015

under sections 120B, 489B and 489C of IPC. Section 16, 18 and 20 of UA (P) Act 1967 were

invoked on perusal of the case record, circumstances of recovery, examination of the expert

opinion report of CFSL, CBI, New Delhi opining the seized FICN to be of "High Quality" and

approval of competent authority, issued under section 6(3) of the “Investigation of High-

Quality Counterfeit Indian Currency Offences Rules, 2013” against the accused, who was taken

into custody and the investigation initiated; and

Whereas, during the course of investigation, it was established that the said Accused persons

has been actively dealing FICNs and assisting local militant groups.

Whereas, during the course of investigation, on the basis of statement of witnesses and other

evidence, the NIA has established a prima facie case against the accused person under Section

16, 18 and 20 of UA (P) Act 1967, apart from other offences; and

Whereas, after perusing the relevant documents, the District Magistrate is of the view that there

is sufficient material and evidence available against the accused person for his prosecution

under the aforesaid provisions of law.

Now, therefore, in exercise of the powers conferred under Section 7 of UA (P) Act 1967, the

District Magistrate hereby accords sanction for launching prosecution against the accused

person namely, Sameer, Monu under Section 16, 17, 18 and 20 of UA (P) Act 1967 By order

of the District Magistrate.

SD/-

Surya Sethi

DISTRICT MAGISTRATE, NEW DELHI No. L&O/M3/2880/2015

Dated:- 14.05.2015

No. L & O/M3/2880/2015



EXHIBIT -5

GOVERNMENT OF INDIA

MINISTRY OF HOME AFFAIRS

NEW DELHI

NOTIFICATION

WHEREAS, in compliance of the order No. 26/2015 dated 30.04.2015 of MHA, GOI,

New Delhi, the investigation of the case was taken over by NIA.

WHEREAS, IN THIS CONNECTION, NIA case No. RC-AA/2015/NIA/DLI on

11.05.2015 under sections 120B, 489B and 489C of IPC. Section 16, 18 and 20 of UA

(P) Act 1967 were invoked on perusal of the case record, circumstances of recovery,

examination of the expert opinion report of CFSL, CBI, New Delhi opining the seized

FICN to be of "High Quality" and approval of competent authority, issued under section

6(3) of the “Investigation of High-Quality Counterfeit Indian Currency Offences Rules,

2013” against the accused, who was taken into custody and the investigation initiated;

and

Whereas, during the course of investigation, it was established that the said Accused

persons has been actively dealing FICNs and assisting local militant groups.

Whereas, during the course of investigation, on the basis of statement of witnesses and

other evidence, the NIA has established a prima facie case against the accused person

under Section 16, 18 and 20 of UA (P) Act 1967, apart from other offences; and

Whereas, after perusing the relevant documents, the Central Government is of the view

that there is sufficient material and evidence available against the accused person for

his prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of the powers conferred under Section 7 of UA (P) Act

1967, the Central Government hereby accords sanction for launching prosecution

against the accused person namely, Sameer, Monu under Section 16, 17, 18 and 20 of

UA (P) Act 1967

By order of the Government of India

Dated 30.04.2015

No. 26/2015

SD/-

Principle Secretary

to the Government



Ministry of Home Affairs

EXHIBIT -6

PW- 1: GUDDU SINGH

[Under Sec. 161 CrPC] SEX: MALE AGE: 38 OCCUPATION: PAAN

SHOP OWNER

STATEMENT: I am Guddu Singh, 28 years old. I own a Paan Shop at 4,

Temple Street, Azad chowk, Kaka Nagar, New Delhi. On the dated

24.02.2015, at around 0800 Hours. That on a secret information I got to

know about the details that two persons will be traveling to coach No. 2 of

Farakka Express train (Train no. 13413) at Old Delhi Railway Station on

25.02.2015 at 1055 hrs. That both the persons carrying the FICNs for some

criminal activity in the country. Thereafter, I immediately called the police

informing them about the entire episode and shared this information to the

Special cell, Police Lodhi Road, New Delhi. I informed the notes of High

Quality Fake Indian currency notes (hereinafter referred to as FICNs) of Rs.

2000 denomination having face value equivalent to Rs. 10 lakhs carrying

by two suspects.

PW-2 : IKBAL KHAN (Common friend of SAMEER AND MONU)

[Under Sec. 161 CrPC] SEX: MALE AGE: 23 OCCUPATION: STUDENT

STATEMENT: I am IKBAL KHAN, S/O AMAAR ALI KHAN. I have been

friending with Sameer and Monu since we came to Delhi. I met Sohail in

one of the general meetings of the Social Impact Initiative and from there

onwards we became friends. Sohail was very compassionate towards the

needy. His firm dedication to work for the upliftment of socially backward

and oppressed people has always inspired me. Sameer was looking for

some passionate volunteers who could help him in raising funds and

sensitizing people against the malpractices of the government towards

oppressed group of the society. I introduced Kalu @ Mama to him. Soon



they started working together and with the due course of time they

developed a great compatibility and within a span of few months of

togetherness both of them get close to each other. One day Sameer came

to me with the news that Monu with a proposal to do something big.

Knowing that Sohail and Kalu @ Mama shared a different set of ideologies,

I was little sceptical about their relations. I still remember, it was in

January, 2015 when Sameer informed me about a public gathering in which

Kalu @ Mama made some blatant remark like “India not being a country

worth living and country of intolerants” “ Dhulan Ko Sajana Padega”. I could

gather his discomfort and surprise towards such words of Kalu @ Mama. I

calmed him down but still he seems muddled. From then onwards their

relationship does not seem to be working well. Sameer told me that

because of that public gathering a police complaint was registered against

Kalu @ Mama and his teammates including Monu. It was just because of

his father that the FIR was withdrawn. But this incidence let his father came

to know about their relations. Sohail thereafter always seemed quite

disturbed and stressed because his father was not happy with his relations.

He even told that at some instances his father got enraged even at the

thought of Kalu @ Mama.

PW-3: INSPECTOR AAKASH SINGH

[Under Sec. 161 CrPC] SEX: MALE AGE: OCCUPATION: POLICE

INSPECTOR, NEW DELHI P. S. SPECIAL CELL, NEW DELHI, LODHI

ROAD.

STATEMENT: I am Aakash Singh, Inspector, posted in Special Cell, New

Delhi, Lodhi Road Police Station. On 24.02.2015, at around 0900 hours,

person named Guddu Singh called the Special Cell, New Delhi, Lodhi Road

Police Station to inform about incident. As per the information we raided

the general coach No. 2 of Farakka Express train (Train no. 13413) on its

arrival at Platform No. 5 of Old Delhi Railway Station on 25.02.2015 at 1055



hrs. During the search, two suspect persons Sameer (A-1) and Monu (A-2)

were detained. Further, during search of their baggage, 250 notes of High

Quality Fake Indian currency notes (hereinafter referred to as FICNs) of Rs.

2000 denomination having face value equivalent to Rs. 5 lakhs were

recovered from a black color bag of accused Sameer (A-1). Similarly, 250

notes of High Quality FICNs in denomination of Rs. 2000 having total face

value equivalent to Rs. 5 lakhs were recovered from maroon color bag of

accused Monu (A-2). Besides the above-mentioned quantity of FICNs,

mobile phone sets with SIM cards, some Identity Cards, small amount of

cash and general class railway tickets of train journey from Malda Town to

Delhi were also recovered from their possession. All the items recovered

were seized in presence of independent witnesses. I duly collected all the

evidence from the crime scene. After complying with all the formalities, I

asked Mr. Guddu to accompany me to the police station for recording their

statements under Sec. 161 of Cr.P.C. The preliminary inquiry made out a

case of Under Section 120B, 489B, 489C, Section 121 and Section 123 IPC

and offences relating to terrorism. After few days I was informed that the

NIA would be taking over the matter so, I duly submitted all the documents

and evidences relating to the matter to the NIA officials.

PW-4: RUPINDER SINGH, SUPERINTENDENT OF POLICE

[Under Sec. 161 CrPC] 35 SEX: MALE AGE: 35 OCCUPATION: SP AND

CIO, NIA, NEW DELHI

STATEMENT : I am Rupinder Singh, Superintendent of Police and the Chief

Investigating Officer, National Investigating Agency, New Delhi. On

11.05.2015 I was informed about the case. As per the information we

received a report that special cell police raided the general coach No. 2 of

Farakka Express train (Train no. 13413) on its arrival at Platform No. 5 of

Old Delhi Railway Station on 25.02.2015 at 1055 hrs. During the search,

two suspect persons Sameer (A-1) and Monu (A-2) were detained. Further,



during search of their baggage, 250 notes of High Quality Fake Indian

currency notes (hereinafter referred to as FICNs) of Rs. 2000 denomination

having face value equivalent to Rs. 5 lakhs were recovered from a black

color bag of accused Sameer (A-1). Similarly, 250 notes of High Quality

FICNs in denomination of Rs. 2000 having total face value equivalent to Rs.

5 lakhs were recovered from maroon color bag of accused Monu (A-2).

Besides the above-mentioned quantity of FICNs, mobile phone sets with

SIM cards, some Identity Cards, small amount of cash and general class

railway tickets of train journey from Malda Town to Delhi were also

recovered from their possession. All the items recovered were seized in

presence of independent witnesses. They duly collected all the evidence

from the crime scene. After complying with all the formalities, Mr. Guddu

Singh to accompany to the police station for recording their statements

under Sec. 161 of Cr.P.C. The preliminary inquiry made out a case of Under

Section 120B, 489B, 489C, Section 121 and Section 123 IPC and offences

relating to terrorism. After couple of months later my team was informed

that the NIA would be taking over the matter so, all the documents and

evidences relating to the matter submitted before the to the NIA officials

by the Special cell Police. In compliance of the order No. 26/2015 dated

30.04.2015 of MHA, GOI, New Delhi, the investigation of the case was

taken over by NIA as NIA case No. RC-AA/2015/NIA/DLI on 11.05.2015

under sections 120B, 489B and 489C of IPC. Section 16, 17, 18 and 20 of

UA (P) Act 1967 were invoked on perusal of the case record, circumstances

of recovery, examination of the expert opinion report of CFSL, CBI, New

Delhi opining the seized FICN to be of "High Quality" and approval of

competent authority, issued under section 6(3) of the “Investigation of

High-Quality Counterfeit Indian Currency Offences Rules, 2013”. The

accused Sameer (A-1) and Monu (A-2) were examined in Police custody of

NIA, after obtaining police custody from this Hon'ble Court. The accused

Sameer (A-1) admitted his involvement in the case and disclosed the

involvement of other accused persons Kalu @ Mama (A-3) and Peter (A-4).



He was also informed that Kalu @Mama used to take instruction from Sohail

(A-5) who was planning to carry out bomb blast in Pulwama on Indian Army

Convoy by 15th August. He further informed that Sohail (A-5) was also in

touch with Lashkar-e-Taiba senior people from Pakistan. The accused Monu

(A-2) admitted his involvement in the case and disclosed the involvement

of other accused persons namely Kalu @ Mama (A-3) Peter (A-4) and Sohail

(A-5). He further informed that Sohail (A-5) had received instructions from

Pakistan and Bangladesh with the blast code “DHULAN KO SAJANE KA

WAKAT AAGAYA HAI” blast as soon as FICN currency reaches Pulwama

to Sohail (A-5)

The Call Detail Records (also referred to as CDRs) of the SIM cards used

by accused persons were obtained during the interrogations from the

Mobile Service providers and the contents of the mobile phones containing

contact list of the phones recovered from the accused, were obtained from

expert opinion of CERT-In, New Delhi. These were analysed. The field teams

were deputed in Madhya Pradesh and West Bengal for verification of these

numbers and identification of Kalu @ Mama (A-3). During investigation, the

field team of NIA camping at Barod, District Agar Malwa, MP got information

that accused Peter (A-4) has been admitted in SK Hospital Rajasthan for

treatment of poisoning. On receipt of above information, a team of officers

was sent to Rajasthan on 19.06.2015 for investigation and to verify the

information. The team confirmed that the wanted accused of the instant

case Peter (A-4) was indeed admitted in SK Hospital as a case of poisoning

where he expired during the treatment on 22nd June, 2015. The cause

death was suicide. The death of Peter (A-4) has adversely affected the

investigation as it now becomes difficult to ascertain and arrest the

syndicate group who was planning to carry out bomb blast on Indian Army

Convoy on 15.08.2015 at Pulwama. During course of investigation, a team

was sent to Malda on 23.06.2015 and it was successful in establishing the

real identity of the suspect Kalu @ Mama (A-3), wanted in the instant case

for providing the FICNs to accused Sameer (A-1) and Monu (A-2) at Malda,



which was seized from them on 25th Feb, 2015. The NIA team examined

Kalu @ Mama (A-3) and searched his house.

During investigation, 2 bank account statements of Kalu @ Mama (A-3) and

one bank account statement of his wife namely Smt. Bibi were also

ascertained and copies of his accounts opening forms and related KYC

forms were obtained. In Financial Inclusion Account Opening Form, Kalu @

mama (A-3) has mentioned mobile no. 8840123456 as his number and this

is the same number whose CDR shows frequent communication and

association with mobile nos. of Peter (A-4), Sameer (A-1), Monu (A-2) and

Sohail (A-5). After establishing the identity and involvement of the suspect

in the instant case, accused Kalu @ Mama (A-3) was arrested on

23.06.2015 from Malda observing legal formalities and produced before

local court in Malda. Later, he was examined in Police Custody. During

examination in Police Custody, Kalu @ Mama (A-3) revealed that he had

received FICN from accused Sohail (A-5) on several occasions in the past

for further sale and transaction. He further revealed that Sohail (A-5) was

the main conspirator and he was in constant touch with Lashkar-e-Taiba

from Pakistan and Bangladesh. He further revealed that Sohail was

planning to execute bomb blast on Indian Army convoy on 15.08.2015. He

revealed that Sohail (A-5) crossed the border at night and went to

Bangladesh on 20.06.2015. The analysis of the CDRs and phone data of the

phones seized from accused Sameer (A-1) and Monu (A-2), clearly

establishes their movement from Madhya Pradesh to West Bengal and

frequent telephonic conversation between Sameer (A-1) and Kalu @ Mama

(A-3) and telephonic contact between Peter (A-4) and Kalu @ Mama (A-3)

on 23rd February 2015 prove their association with the criminal conspiracy.

We carried on further investigation and credible information was received

that Kalu @ Mama (A-3) was also involved in unlawful activities. We also

applied for necessary sanctions for prosecution and carried on further

investigation.



EXHIBIT - 7

DW-1: SAMEER -ACCUSED NO. 1 - [Under Sec. 161 CrPC] SEX: MALE

AGE:27 YEAR OCCUPATION: DRIVER BY PROFESSION.

STATEMENT: I am Sameer, residing at Malda, West Bengal and a driver

by profession. I was ten years old when I lost my father and mother in a

road accident and from then onwards, I have been brought up by Chunni

Lal father of Monu. I stayed there till 2011 and then I and Monu started

searching for work. I got the work as a driver to a big businessman.

Everything was going very well. Sometimes, Monu came to my office place

and in lunch time we roam in my saab’s car. It was a great fun. On 25th

September, 2013 the annual All India Conference of Youth Union took place

in which I also participated. There I came to know about the propaganda

of government of suppressing the oppressed class of the society. After

attending the annual conference, I got a clear vision of government’s

hidden agenda behind imposing sanctions on poor class. Government

wanted to devoid youths in different religion and caste. Me and Monu were

afraid of losing each other and that government could continue with their

double standard policies of befooling the oppressed class. I was entrusted

with the work of raising funds, sensitizing people against the malpractices

of government towards particular group of society and conducting skill

development training program in order to empower villagers residing

nearby. For this my first job was to figure out those people in the Institution

who can help me out in the successful conduction of project. Where I met

Kalu @ Mama, a good friend of mine Ikbal Khan introduced me to him. In

the array of completing the project, Me, Monu and Kalu @ Mama started

spending time together more often. Within a span of few months, we

developed good relations. Everything was on track and seems to be honky

dory, Then one day Kalu @ Mama told us about one project in which we

need to carry a bag from one place to another and handed it over to Peter.

I and Monu didn’t know that in bag we are carrying a fake currency notes.



As and when train reached Old Delhi Railway station police arrest me and

Monu. We didn’t do anything wrong and after saw many policemen and I

felt unconscious.

DW-2: MONU -ACCUSED NO. 2 - [Under Sec. 161 CrPC] SEX: MALE

AGE: 30 YEAR OCCUPATION: AGRICULTURE.

STATEMENT: I am Monu, residing at Malda, West Bengal and an

agriculturist. I was twelve years old when I started going with my father to

our small farm. I stayed there whole day and return to home in an evening.

Then one day my father meets me with Sameer. We both become a very

good friends and growing in a very pace speed. My father told us to go

somewhere and start doing some work. Sameer got the work as a driver to

a big businessman. Everything was going very well. Sometimes, Me went

to an office place of Sameer and in lunch time we roam in his boss car. It

was a great fun. After sometime, Sameer told me about the policies of

government and propaganda of government of suppressing the oppressed

class of the society. I got a clear vision of government’s hidden agenda

behind imposing sanctions on poor class. Government wanted to devoid

youths in different religion and caste. Me and Sameer were afraid of losing

each other and that government could continue with their double standard

policies of befooling the oppressed class. For this my first job was to figure

out those people in the Institution who can help me out in the successful

conduction of project against the government. Where Sameer and me met

with Kalu @ Mama. In the array of completing the project, Me, Sameer and

Kalu @ Mama started spending time together more often. Within a span of

few months, we developed good relations. Then one day Kalu @ Mama told

us about one project in which we need to carry a bag from one place to

another and handed it over to Peter. I and Monu didn’t know that in bag

we are carrying a fake currency notes. As and when train reached Old Delhi

Railway station police arrest me and Sameer. We didn’t do anything wrong.



DW- 3: KALU @ MAMA -ACCUSED NO. 3 [Under Sec. 161 CrPC] SEX:

MALE AGE:___OCCUPATION: EMBROIDERY WORK AND LYCHEE

CONTRACTOR.

STATEMENT: I am Kalu @ Mama, S/O Shri Surey Singh, residing at Police

Station Kaliachak, District Malda, West Bengal. I am the Union leader of my

factory and where an organization working for the upliftment of the

oppressed people of West Bengal. I have known Peter and Sohail from the

last 6 years through rallies of this organisation. In the very same the

organization went through a turbulent phase where the government used

stringent policies to put sanctions upon the working of the organization.

Soon we realized that the sanction was a result of propaganda started by

the government to devoid the youths on religion and caste and give effect

to their double standard policies. We discussed the government’s hidden

agenda behind suppressing the voice of the oppressed. Sohail was so

moved that he came up to me and volunteered to be a part of the project

for raising funds and sensitizing people against the malpractices of the

government. Sohail kept me informed about the developments of the

project. He told me that after the successful completion of the sensitization

drive by us in Malda village, his team was declared to be an unlawful

assembly and a FIR was lodged against them. We started receiving funds

from across the country from Pakistan and Bangladesh for our upliftment

and sensitization programs. Perhaps such attention and coverage received

by the organization working for the oppressed communities was not

appreciated by the government who imposed sanctions. Such sanction

broke the fundamental monetary support of the organization and we were

unable to organize funds for a plan. On 15th of January, 2015, Sohail called

me and said there is some conspiracy to disrupt the Plan and stated

“DHULAN KI VIDHAYI KA WAKAT BADALNA HAI” and I asked him to

calm down and said nothing would happen and he should focus on the rally.