R.VELUSWAMY Vs. STATE

JUDGEMENT

(1.) The present Criminal Appeal filed by the first accused who had been convicted under Sec. 489C of IPC by the VI Additional Sessions Judge, Chennai, by Judgment dtd. 15/7/2008 in S.C.No. 366 of 2007.

(2.) The Additional Chief Metropolitan Magistrate, Egmore, Chennai, had committed P.R.C.No. 83 of 207 to the Court of Sessions and S.C.No. 366 of 2007 was made over to the VI Additional Sessions Court at Chennai. Originally, CBCID, Counterfeit Currency Wing, Chennai had registered Crime No. 11 of 2005 against two accused, namely, Velusamy and Selvakumar @ Selvam under Ss. 489(B) and 489 (C) IPC, pursuant to a special report given by PW-1, Venkatesan, who was Sub Inspector of Police, Counterfeit Currency Wing, CBCID, Chennai.

(3.) In the special report, marked as Ex.P-1 dtd. 11/8/2005, PW-1 stated that he had received information from an informant that Counterfeit notes were to be circulated near Casino Theatre in Chennai which information he received at 8.30 am on 11/8/2005. He thereafter went along with the informant and four other constables to Casino Theatre and when he was conducting surveillance at around 11 a.m., the informant pointed out the first accused. PW-1 enquired with the first accused, who did not give proper answers and therefore he conducted a search of the first accused and recovered 20 numbers of Rs.50.00 currency notes. He stated that the first accused confessed that they were Counterfeit notes and he had kept them for the purpose of circulating them. PW-1 stated that he then arrested the first accused and with the informant and the police constables went to the police station and gave a special report at 12.30 p.m. The Inspector of Police had also seized the counterfeit notes under Form-95, which was marked as Ex.P-2. Thereafter, when enquired the first accused said that he had got the counterfeit notes from the second accused.