VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) Vijay Kumar Bindra, appellant herein, was tried in the court of Shri O.P. Singla, Addl. Sessions Judge, on the charge under Section 489-C of the Indian Penal Code, The Addl. Sessions Judge found the accused guilty of the offence charged with and sentenced him to rigorous imprisonment for 3 years and a fine to undergo R.I. for six months.

(2.) Broadly the case for the prosecution is this : On May 1, 1969, DSP Daryao Singh (PW 6) received information that a person trafficking in foreign currency is likely to visit Chandni Chowk area, Public Witness 6 organised a raiding party consisting of Dr. Jai Kishan Sod (PW 3) and Dwarka Das (PW 11), witnesses from the public, besides some Police officials. At about 8 30 P.M., on the pointing out of the informer, Vijay Kumar was accosted and apprehended by Public Witness 6. Vijay Kumar was carrying a ladies' rexine bag. The bag was slung on the shoulder. On search of the bag, 88 Pakistan currency notes (Ex, P1 to P 88), five or six inland letters and two or three visiting cards were recovered and they were seized by the Police vide Memo. Ex PA The Police registered a case under Section 4(1) and 19J read with Section 27 of the Foreign Exchange Regulation Act. During investigation it was discovered that the currency notes are forged. The notes were sent to the International Crime Police Organisation (Interpol) for an opinion whether the notes were forged or genuine. Mr. Jacquis Cogniard, an expert from the Interpol, on examination of the notes gave the opinion that the notes are forged. Thereafter, the Police altered the charge from one under the Foreign Exchange Regulation Act to under Section 489-C 1PC.

(3.) The accused in his statement at the trial denied the allegations of the prosecution. The version of the accused in regard to the occurence is that he was stopped by Gian Chand, Police Sub-Inspector and while he was talking to Gian Chand another man carrying a ladies' rexine purse was stopped by the Police and that man had run away after dropping the bag and he was caught by the Police. The accused stated that it is a case of mistaken identity. The factum of the recovery of the currency notes in question from the accused was not seriously challenged by Shri Tandon on behalf of the appellant. There is. in my view, convincing and reliable evidence on the record that the currency notes Ex. PI to P 88 were recovered from the accused as alleged to by the prosecution. PW 6 gave evidence at the trial that on 1st May. 1969 on receipt of a secret information a picket was held near Fatehpuri, Chandni Chowk and at about 8.30 P.M. the accused was seen going towards Fatehpuri from the side of Clock Tower and that the accused was apprehended and his person was searched and on a search of the ladies' purse carried by the accused 88 forged Pakistani currency notes were recovered. The witness further stated that on being questioned the accused did not give any explanation about the possession of the Pakistani currency notes Dr. Jai Kishan Sud (PW 3) and Dwarka Das (PW 11) have fully supported the statement of Public Witness 6 Nothing has been brought out in the cross-examination of PWs 3 and II to show that they had any motive to make a false statement against the accused. The defence of the accused, as stated earlier, was that the ladies' bag out of which the alleged currency notes were recovered was thrown by another man This defence was not put to any of the prosecution witnesses and is clearly an after-thought and has no substance in it. I have no hesitation in finding that the forged Pakistani currency notes Ex. P 1 to P 88 were recovered from the accused.