VED RATTAN ARYA Vs. STATE

JUDGEMENT

(1.) The appeal is directed agaist the conviction U/S 489-C of the Indian Penal Code . on 5.8 72 by an Addl Sessions' Judge in respect whereof the appellant was sentenced to one year's rigorous imprisonment. It was directed that the recovered dollar notes, declaration forms and the seals be destroyed and genuine dollar requistioned from the State Bank of India was directed to be retured after the expiry of period of appeal.

(2.) The prosecution case was that on the 1st of May, 1970 at about 3.30 p.m. the appellant was found sitting in the office of the Highway Travels, Connaught place, New Delhi. Shri Kewal Krishan' Inspector, Anticorruption Branch, had received information on account of which he had organized a raiding party. It was he who along with members of raiding party apprehended the appellant on whose search he found a white envelop in the left side back pant pocket which contained 10 notes of U.S.A. dollars of denomination of Rs. 100 each. As the appellant was wearing the pant from the pocket whereof the recovery was made, the suspected crime was investigated. In the course of the investigation, it is alleged the appellant led the police party to the house of Darshan Singh where three American dollars of the denomination of 100.00 each were recovered from one Kuldip Chand. The prosecution adduced evidence that in the months of August, 1970 a passenger named Bakshish Singh who arrived at the Palam air port was carrying a peice of paper on which the name of the appellant was written.

(3.) The appellant was tried on the following charge :