In Brief
The appellant was charged with counterfeiting Saudi Arabian currency notes under Sections 489B and 489C of the IPC based on statements from co-accused and recovery near a public road. The Sessions Court and High Court rejected his discharge petition. The Supreme Court allowed the appeal, holding that a charge cannot rest solely on inadmissible statements of co-accused or pure suspicion. Since no counterfeit notes were recovered from the appellant's residence, his statement to police was inadmissible under Section 162 of the Code, and the co-accused statement was inadmissible under Section 30 of the Evidence Act as the co-accused were absconding, there was no prima facie case. The Court discharged the appellant and set aside the charge.
The lawyer headnote and full judgment text are available to registered users.