ORDER
V. Ramkumar, J.
1. The petitioners, who are accused Nos. 1 and 2 in Crime No. 338/2007 of Kottarakkara Police Station registered for offences punishable under Section 3(1)(III) r/ w Section 4 of the Small Coins (Offences) Act, 1971, seek to quash Annexure A FIR and all further proceedings pursuant thereto.
2. According to the petitioners, they are wholesale 'pappadam' vendors at Chadayamangalam in Kollam District and the coins in question were collected by them from small vendors and the local public in connection with their business and therefore those coins account for the total daily requirements of small coins by the petitioners coming within the purview of the Explanation to Section 3(1) of the said Act.
3. The case of the prosecution is that on 02-05-2007 at about 9 p.m. when a police party was on patrol duty near the K.S.R.T.C. waiting shed at Kottarakkara, the two petitioners herein were found in possession of 4.6 kilograms of 25 paisa coins, 12.2 kilograms of 50 paisa coins and 96.5 kilograms of one rupee coins. Since the said possession was found substantially in excess of their requirements, the police party seized the coins and registered the aforesaid offences.
4. The contention of the petitioners is that the coins seized from them constitute their total daily requirement in connection with the wholesale business of the 'pappadams' within the meaning of Clauses 1 to 4 of the Explanation to Section 3 of the said Act. That is a matter which will have to be established during the trial of the case in view of the fact that the burden to prove the existence of reasonable excuse for the contravention of Section 3 is on the accused in view of Section 4 of the said Act. Section 3 of the Small Coins (Offences) Act, 1971 together with the Explanation thereof, reads as follows:
Prohibition on melting or destruction of small coins. (1) No. person shall -
a. melt or destroy any small coin, or
b. have in his possession, custody or control-
(i) any melted coin, whether in the molten state or in a sol id state, or
(ii) any small coin in a destroyed or mutilated state, or
(iii) small coins substantially in excess of his reasonable requirements in such circumstances as to indicate that he is having the possession, custody or control of such small coins for the purpose of melting or destroying such small coins.
Explanation:- For the purpose of determining the reasonable requirements of small coins of a person, due regard shall be had to -
(i) his total daily requirements of small coins,
(ii) the nature of his business, occupation or profession,
(iii) the mode of his acquisition of small coins, and
(iv) the manner in which and the place at which, such small coins are being possessed, held or controlled by him.
(2) whoever is found to be in the possession of any metal, which contain alloys in the same proportions in which they have been used in the manufacture of any small coin, shall be presumed, until the contrary is proved, to have contravened the provisions of Sub-section (1).
(3) nothing contained in Sub-section (1) or Sub-section (2) shall apply to the mint.
The punishment for the contravention of Section 3(1) of the Act is provided under Section 4 of the Act which reads as follows:4. Penalty for contravention of Section 3. Whoever contravenes any provision of Sub-section (1) of Section 3 without any reasonable excuse, the burden of proving of which shall lie on such person, shall be punishable with imprisonment for a terms of not less than three months but not more than five years.
5. Going by the definition of small coin under Section 2(b), while coins of 25 and 50 denominations are attracted by the definition of small coins, coins of one rupee are not covered by the definition. The said definition of 'small coin' under Section 2(b) reads as follows:
Small coin' means any coin of the value of less than one rupees, which is legal tender under the Indian Coinage Act, 1906 (3 of 1906).
6. Thus, prima facie the coins of one rupee weighing 96.5 kilograms do not appear to be covered by the penal provisions under the Act. With regard to those coins the petitioner may be entitled to pray for interim custody under Section 451 Cr. P.C. with regard to the coins of 25 paisa and 50 paisa denominations, prima facie, the offences are attracted and the burden to prove the existence of reasonable excuse stands statutorily cast on the petitioner's shoulders. The proceedings cannot therefore be quashed by this Court at this stage. The petitioners can raise all the defences available to them under law before the court below at the appropriate stage.
7. This Crl. M.C. is accordingly dismissed.