DILIPKUMAR KESHAVLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused is inter -alia sentenced to life imprisonment and to pay fine of Rs. 5000/ - by impugned judgment and order dated 30.12.2006 passed by the learned Presiding Officer, Fast Track Court No.4, Surat in Sessions Case No.182 of 2005 for the offence punishable under section 489(B) of the Indian Penal Code. Being aggrieved by the said conviction and sentence, the appellant original accused has preferred the present appeal.

(2.) BRIEF facts of the case are that complainant at the relevant time was serving as ASI in Kim Outpost. On 17.06.2005, the complainant received information that Dilipkumar original accused no.1 was to pass through Kim Bazar at about 12.00 p.m. and was in possession of fake currency notes On receiving the said information, the complainant along with other personnel intercepted the accused and on inspection, the complainant found three bundles of currency of Rs.500/ - denomination and seized them. On the said notes, there was no silver colour thread but thread was made of silver colour pencil. There was no mark of Rs.500 on the secret thread. In all, three bundles of currency notes of Rs.500/ - denomination amounting to Rs.1,51,000/ - were recovered from the accused. Therefore, as per the prosecution case, the accused was fully knowing that the currency notes were fake, he kept the same in his possession for placing in the circulation and thereby committed the offence. The appellant accused was therefore, arrested.

(3.) COMPLAINT for the aforesaid incident was registered with Olpad Police Station, Surat against the accused for the commission of the offence punishable under section 489(B) of the Indian Penal Code. Thereafter, statements of the witnesses were recorded, panchnama was drawn and the accused was arrested. The charge sheet was filed before the learned JMFC, Olpad. Thereafter, as the case was exclusively triable by the Court of Sessions, the learned JMFC has committed the case to the Court of Sessions, Surat which was numbered as Sessions Case No.182 of 2005.