MOHAMAD BADSHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is filed under Section 374 of the Cr.P.C., challenging the legality and validity of the judgment and order of conviction and sentence, dated 20.12.2013, by the learned Additional Sessions Judge, Court No.5, Ahmedabad city, in Sessions Case No.45 of 2013.

(2.) The case of the prosecution is that both the appellants accused had come to Ahmedabad city in Bhadra area, near Bank of India branch at a local street market and were encashing the notes of Rs.500/- and Rs.1000/- from the street vendors by purchasing very small items and taking change. In the course of such activity, on 21.1.2012 at about 11.00 O'clock, when the appellants accused came to the complainant's shop, they purchased a T-shirt for Rs.60/- and gave a note of Rs.1000/- and requested to give change. Since the complainant was a small vendor, he was not having change of Rs.1000/-. With the result, he requested to adjoining shop owner Anishbhai for the change and there it was found that this note of Rs.1000/- was found to be fake and counterfeit currency note. As a result of this, both these appellants accused were taken to Karanj Police Station and it was found from both the accused notes of Rs.1000/-, 23 in number. Later on, both the accused were taken to the hotel where they stayed at City Plaza Hotel, Ahmedabad and from Room No.206, from accused No.1, further counterfeit 25 notes of Rs.1000/- denomination was found and 102 notes of Rs.500/- and from appellant No.2, 18 notes of Rs.1000/- and 93 notes of Rs.5000/- were found. The modes operandi of these appellants accused was that by purchasing small items, they were taking change of these counterfeit notes from small vendors. On account of this conduct, an offence was registered before the Karanj Police Station being I-C.R.No.5 of 2012 for the offences punishable under Section 489A and B of the IPC . Pursuant to the complaint, as per the orders of the Police Commissioner, Ahmedabad, further investigation was given to SOG and the SOG executed a panchnama, raided the City Plaza Hotel, obtained opinion of the Reserve Bank Officer about the fake currency notes which were found from the physical possession. Over and above that, FSL Officer's report had also been taken and various statements of street vendors were taken and after completion of investigation, it was found that these appellants accused along with one another absconding accused, have committed an offence as alleged. Thereafter, a charge-sheet came to be submitted in the court of learned Metropolitan Magistrate, Court No.11, Ahmedabad. Pursuant to which, a criminal case was registered as Criminal Case No.128 of 2012.

(3.) Mr.Manraj A. Barot, learned advocate appearing for the appellants accused, has vehemently contended that present appellants are innocent persons and have wrongly been arraigned in the prosecution simply because they appears to be of outside country. It has also been contended that on the contrary, the appellants accused did not know that they were carrying counterfeit notes and the element of knowledge is of vital consideration in passing an order of sentence. Hence, the prosecution having failed to establish the knowledge aspect in the entire case, the order of conviction based upon inference and surmises deserves to be quashed and set aside. Mr.Barot, learned advocate, has further contended that in fact, the appellants accused were also having a business of clothes at Jharkhand and were not aware about the fact of such fake currency. On the contrary, they came here to purchase the readymade garments so as to enable them to carry out the business at parent place from where they came. It has been contended that had there been any knowledge about counterfeit notes, they could not have made any attempt to encash from the small vendors.