K HASIM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Strange though it may appear increasingly our country is becoming notorious for spiralling number of cases involving counterfeiting of currency notes, both of our country and foreign countries and stamp papers. It is becoming increasingly difficult for a lay man to be sure whether what he is receiving as a currency note is genuine or a counterfeited one. Similar is the position regarding stamp papers.

(2.) In these appeals the basic allegations against accused-appellants were counterfeiting of US currency of 20 dollars denominations. Originally, there were 7 accused persons. The accused persons are described as A-l, A-2 and so on in terms of their position during trial. One Rajan Chettiar died during trial. Two of the accused persons turned approvers. Out of the rest four, 2 are the appellants in these appeals and they are A-2 and A-3. All the four accused filed appeals before the High Court. They were each sentenced to RI for 7 years with a fine of Rs. 5,000/- with default stipulation of two years' ri. They are separately convicted under Section 489-C. Both the sentences were directed to run concurrently. But the custodial sentence imposed was different. For A-1, it was 5 years; for A-2 it was 7 years, for A-3 it was 5 years and for A-4 it was 7 years. The High Court by the impugned judgment upheld their conviction for offences punishable under Section 120-B read with Sections 489-A, 489-C and 489-D of the Indian Penal Code, 1860 (in short the 'ipc').

(3.) The prosecution accusations as unfolded during trial are as follows: on receiving secret information, the Investigating Officer (PW-19) conducted a raid at the house of Rajan Chettiar at No. 6, Palaiamman Koil Street, villivakkam, Chennai between 1.30 PM and 3.30 PM on 3-8-1982. During his search, he recovered eight bundles of counterfeit US dollars of 20 denomination (MOs 4 to 11) under mahazar (Ext. PI) in the presence of one thiruvengadam (PW 3).