NASEEB Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) APPELLANT has been convicted for the offence under Section 489 -C of the Indian Penal Code, 1860 (for short, hereinafter referred to as 'IPC') by trial court and sentenced to undergo rigorous imprisonment for five years with fine of Rs. 50,000/ - and in default of payment of fine to undergo simple imprisonment for one year. Aggrieved by his conviction as also sentence awarded to him, appellant has preferred this appeal.

(2.) PROSECUTION story, as unfolded, is that on 14th September, 2004, SI Jagbir Singh along with Const. Raj Kumar, Const. Shyam Lal and Const. Harinder was patrolling in the area falling within the jurisdiction of police station Gokul Puri. At about 7:00 am one secret informer contacted SI Jagbir Singh near State Bank of India and informed him that one person namely Naseeb was dealing in counterfeit currency notes. He used to supply counterfeit currency notes. He further informed that one person namely Prem Chand @ Guddu @ Fighter would supply counterfeit currency notes to Naseeb at Brijpuri Bus Stand at about 7:30 am. On receiving this information, SI Jagbir Singh along with Const. Raj Kumar, Const. Harinder, Const. Shyam Lal and secret informer reached near Brijpuri Bus Stand. Five -six persons were requested by him to join the police party but they declined. At about 8:00 am, one person (Naseeb) alighted from the bus and started talking to secret informer. At about 8:15 am another young man (Prem Chand, who could not be arrested and was declared Proclaimed Offender) got down from the other bus. He was carrying a blue colour handbag in his hand. Thereafter both of them started walking towards Gokul Puri side. After moving about 10 steps he handed over a polythene packet to the appellant after taking out from his blue bag who had de - boarded the bus earlier. At that stage, secret informer gave signal at which SI Jagbir Singh along with abovenamed three constables ran towards them and apprehended the person (appellant) who was having a polythene packet in his hand. The other person scuffled with the police officials and ran towards Yamuna Vihar. Const. Shyam Lal and Const. Harinder chased him but could not apprehend him.

(3.) AFTER completing the formalities as stipulated in Section 207 Cr.P.C., Metropolitan Magistrate committed the case to the Sessions Court since offence under Section 489 -C IPC is exclusively triable by the Sessions Court. On 20th October, 2007 charge under Section 489 -C IPC was framed against the appellant to which he pleaded not guilty and claimed trial.