RAYAB JUSAB SAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant challenges his conviction for the offences under Secs. 489-B and 489-C of the Indian Penal Code and the sentence of 10 years rigorous imprisonment and a fine of Rs. 50,000/- for the offence under Sec. 489-B and the sentence of 3 years' rigorous imprisonment and a fine of Rs. 25,000/- for the offence under Sec. 489-C under the judgment and order dated 31.1.1998 of the learned Additional Sessions Judge, Bhuj (Kutch) in Sessions Case No. 76 of 1996.

(2.) The prosecution version is that on 9th April, 1996, at about 6 o'clock in the evening, the appellant was found in possession of 250 counterfeit Indian currency-notes of the denomination of Rs. 100/- each, near Fire Station on a public road in the city of Bhuj, and further during the investigation on 12.4.1996, at 11 o'clock in the morning, he discovered 101 more such fake currency-notes of the denomination of Rs. 100/- each, from the place where he had hidden them beneath a babool tree, near Rudramata. According to the prosecution, the accused had received and kept in his possession these 351 fake currency-notes with an intention to use them as genuine and thereby he committed offences under Section 489-B and 489-C of the Indian Penal Code.

(3.) There was also a charge framed against the accused to the effect that the said fake currency-notes were obtained by him by illegally entering Pakistan from the secret agents of Pakistan and thereby, he committed offences under Secs. 3 and 12 of the Passport Act, 1967 and Rules 3 and 6 of Passport (Entry in India) Rules, 1950. He has, however, been acquitted of this charge.The other charge which was framed against the accused was that he had illegally entered the notified area while bringing these fake notes from Pakistan and thereby committed an offence under Sec. 3 (6) of the Criminal Law Amendment Act, 1961. That offence is also not establish, according to the Trial Court, and the accused has been acquitted of that offence. The learned Additional Public Prosecutor has no information whether any acquittal appeal has been preferred against these two charges for which the appellant was acquitted. However, since these were distinct charges, we are not concerned with them in this appeal, which is filed against the conviction of the appellant for the offence under Sec. 489-B & 489-C of the Indian Penal Code.