STATE DELHI ADMINISTRATION Vs. PAWAN KUMAR GARG

JUDGEMENT

(1.) This appeal is directed against the acquittal of the respondent, Pawan Kumar Garg, recorded by the Additional Sessions Judge, Delhi, by her judgment/order dated 22nd September 1979 and acquitting him of the sharge under Section 489(0 Indian Penal Code Earlier, the respondent was charged under the aforesaid offence as be was found in possession of 16U.S Dollars of 100 denomination and one dollar of 30 denomination, all were found to be counterfeit. The accused was put on trial by C.B.I,

(2.) The facts allegedly are that on 23-11-77 an information was received that the respondent was trafficking in counterfeit US. Dollars and on that day the* respondent will be passing through Tolstoy Lane behind Scindia House, Connaught Place at about 3 P.M. with forged U.S. Dollars in possession. A raid was arranged under the auspices of Inspector N.P. Tiwari, Inspector P.R. Singh and Constable RA. Mishra. Public Witness s I and 2 Rameshwar Nath and UJjal Singh respectively were involved in the raid as independent witnesse?. After the informer pointed out towards the respondent coming from the side of Ringo Guest House in Tolstoy Lane, lnspector Mishra disclosed his identity but the respondent tried to escape. Hs was, however , overpowered and the counterfeit Dollars were recovered form him.

(3.) At trial in all 8 witnesses Were examined Which included Public Witness s 1 and 2 Rameshwar Nath and Ujjal Singh also. Furthermore, the witnesses examined included two experts' Public Witness 3 Shri Nirmal Kumar, Superintendent in the Foreign Exchange Department of State Bank of India, Parliament Street and Public Witness 7 Ybes Le Dore, Head of the Counterfeit Currency Department at the Secretariat of Interpol, Paris and both these witnesses, who were experts In their own right had testified that the U.S. Dollars seized in this case are counterfeit.