GAFOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant was tried by the Court of Session, Quilon for the offences punishable under S.489B and 489C of the Indian Penal Code. He has been found guilty on both the counts and was sentenced to undergo rigourous imprisonment for a period of 5 years under S.489B and for rigorous imprisonment for 3 years under S.489C IPC. Both the sentences have been ordered to run concurrently.

(2.) The case in short is as follows: The appellant is a person hailing from Chavakkat. It is alleged that he had some contacts with some people in Bombay and he offered to get NOC for PW 1 to go to Libiya. PW 1 parted with a sum of Rs. 4000/-. However, PW 1 could not get NOC and he wanted to get back the amount from the appellant. The appellant's brother inlaw one Ashraf had also some plans to go to Libiya. According to the appellant himself, his brother inlaw and PW 1 went to Bombay and there they met one R.K. Ali, who was running a panshop at Bombay. The appellant, PW 1 and Ashraf were at Bombay for about 2 weeks and they were not successful in getting NOC The prosecution case is that the appellant managed to obtain some U.S. dollar notes from somebody in Bombay and he returned to the native place and tried to exchange these notes. However, these notes were fake currency notes and the accused was ultimately arrested by the Customs Preventive Officer. The appellant would contend that he was to get some Rs. 8000/- from R.K. Ali in connection with the NOC arrangement and this R.K. Ali refused payment. The appellant and others insisted for immediate payment and therefore R.K. Ali gave them 11 U.S. dollar notes. The appellant thinking that they were original U.S. dollar notes obtained the same and returned to Chavakkad. The appellant would also contend that he later entrusted these notes to one Ummar for exchanging the same. The appellant also contended that he believed that the dollar notes were genuine notes and that if they were not genuine notes he was duped by R.K. Ali.

(3.) The appellant was found in possession of fake U. S. dollar notes. PW.5 got information of the same and he informed the matter to the superior officer at Trichur. PW.5 arrested the accused. He also informed the Superintendent of Police. Later PW.8, the ASI registered a case on the basis of Ext. P1 letter given by PW 4, the Superintendent of the Customs Office, Trichur. The Sub Inspector of Police, Vadanappally took over the investigation and conducted search, but he could not find any other incriminating articles. Later the investigation was taken over by PW 1, the Detective Inspector. About 1 1/2 months after the incident PW 6 a taxi driver produced two other counterfeit dollar notes. The same were recovered by him from the seat of his car.