PRASHANTH TALEKAR S/O MOHAN TALEKAR Vs. STATE

JUDGEMENT

(1.) The appellant has challenged his conviction and sentence for the offence punishable under Section 489-C IPC., on a trial held by the Sessions Judge, Udupi.

(2.) The facts reveal that on 26.01.1999 at about 5.00 p.m., on a credible information, P.W.1- Subraya, Superintendent of Customs, Kundapur, was informed on an anonymous phone call about smuggled goods being carried towards Karwar by Konkan railway, went to the railway station, at about 10.10 p.m. and found that an autorickshaw bearing reg. No.MEG 5873 came and stopped there and one person having a blue colour bag on his shoulder alighted from the said autorickshaw and proceeded towards the train. At that time, P.W.1 stopped him and enquired. On seeing P.W.1, the other copassengers fled away along with the said autorickshaw. On questioning the person who was having the blue colour bag, he revealed his name and on searching his bag, P.W.1, found counterfeit notes of Rs.100-00 denomination for a total sum of Rs.45,000-00. As it was a case pertaining to the investigation by the Police, he approached the Police, submitted his complaint-Ex.P1 and produced the appellant as also the seized notes. The said complaint came to be registered by P.W.17-the Police Officer. He seized the notes as shown by the complainant, went to the scene of occurrence and drawn the seizure Mahazar-Ex.P2 and spot mahazar-Ex.P3 in the presence of the attesting witnesses. The seized notes were sent for the opinion of expert. P.W.15-Expert has issued a certificate stating that the seized notes were counterfeit notes. Thereafter, statements of the witnesses were recorded and a charge-sheet came to be filed against accused. As accused No.2 was absconding and the case against him was split up, the trial was held against accused Nos.1, 3 and 4.

(3.) I have heard learned counsel for the appellant and also the learned High Court Government Pleader.