MASIDU RAHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These appeals arise from S.C.No.3 of 2015 on the files of the Special Court for NIA Cases, Ernakulam. Among the appeals, Crl.A.No.292 of 2017 is preferred by the first accused in the case and Crl.A.No.332 of 2017 is preferred by accused 2 to 6 therein. The first accused stands convicted and sentenced for offences punishable under Ss. 489B and 489C read with Sec. 34 of the Indian Penal Code (IPC) and accused 2 to 6 stand convicted and sentenced for the offence punishable under Sec. 489C read with Sec. 34 of IPC.

(2.) The accused hail from Malda District in West Bengal. The accusation against them as in the final report is that on 17/9/2012, at about 7 p.m., the first accused tendered a counterfeit Indian currency note of Rs.1000.00 (the note) at a mobile shop for purchasing a recharge coupon and on examining the said note, the shop owner entertained a doubt as to the genuineness of the note and consequently, he detained the first accused and informed the matter to the police. Upon receiving information, a police party headed by the Sub Inspector of Police, Manjeri reached the shop, verified the note and having found that the note is not genuine, searched the body of the first accused and found four other identical notes in the pocket of his shirt. After seizing the notes tendered and possessed by the first accused, a case was registered against him by Manjeri Police. On interrogation after the arrest, the first accused disclosed to the Sub Inspector of Police that he has kept some more identical notes in the room where he was staying and when the Sub Inspector of Police took the first accused to his room as guided by him, he took out and handed over to the Sub Inspector of Police from a suitcase kept in the room, 45 other identical notes. When the police party went to the room of the first accused, accused 2 to 6 were present in the room. When the Sub Inspector of Police searched their body, it was found that they were also in possession of identical counterfeit currency notes. The offences alleged against the accused, in the circumstances, were the offences punishable under Ss. 489B and 489C of IPC.

(3.) Although the case was one registered by the local police, its investigation was taken over by the CB-CID and later, having regard to the seriousness of the offences alleged against the accused, the National Investigation Agency (NIA) took over the investigation, completed the same and submitted the final report.