PANKAJ KUMAR Vs. STATE

JUDGEMENT

(1.) There are four appellants before this Court. Appellants Babbu Alvi, Pankaj Kumar and Kamaldeep Narula have been convicted for the offence under Section 489-C of the Indian Penal Code (IPC) and each of them have been sentenced to undergo RI for a period of 4 years and to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo RI for 6 months. The fourth appellant Gulshan Khan has been convicted for the offence under Section 489-D of the IPC and has been sentenced to undergo RI for a period of 5 years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo RI for 1 year. The sentences were to run concurrently; benefit of Section 428 of the Cr.PC had been granted to the appellants.

(2.) The version of the prosecution is that pursuant to a secret information on 15.01.2003 at about 11:30 am SI Arvind Sagar (PW-11) was informed that Babbu Alvi and his associate would reach a place near Dwarka Mandir, Double Storey Quarters along with forged currency samples to show to his customers. A raiding party comprising of PW-11, HC Harpal (PW-6), HC Sunder Lal (PW-7), constable Dharmender (PW-8) and constable Dhiraj Singh (PW-3) was constituted. Ishtiyak (PW-5), the public witnesses was asked to join raid. At about 01:15 pm, Babbu Alvi and Gulshan Khan were overpowered and apprehended; this was at the instance of the secret informer.

(3.) From the personal search of Babbu Alvi, 6 forged currency notes in the denomination of Rs.100/- were recovered; three notes were bearing No. 4NG 025667; remaining three had number of 4NG 025664. They were seized, sealed and taken into possession vide seizure memo Ex.PW-6/A. From the personal search of Gulshan Khan,