MD YUSUFF Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted of an offence punishable under S. 489 -C of the Indian Penal Code and was sentenced to rigorous imprisonment for three years by the Fifth Assistant Sessions Judge, Madras. In appeal, the First Additional Sessions Judge, Madras, confirmed the conviction and the sentence and dismissed the appeal. The revision petitioner challenges the conviction and the sentence.

(2.) MR . Yusuff, the revision petitioner (hereinafter referred to as the first accused) was arrested by P.W. 5 on 28 -9 -1972 at about 9 -30 p.m. at Bangalore. That was in pursuance of a statement given by one Suban, who was arrested on 7 -9 -1972 at about 6 -00 p.m. at Bangalore by the Sub -Inspector attached to C.B., C.I.D., Bangalore. The first accused gave a confession statement and in pursuance of the admissible portion of that statement, he took P.W. 5 to Madras Moore market and from his shop produced a Thermos flask, M.O. 3, which concealed about 30 pieces of counterfeit 50 Dollar currency notes, M.O. 6 series, which were recovered by P.W. 5 under Ex. P -9 attested by P.W. 9 another police official. As the recovery was made at Madras, P.W. 9 took up further investigation and after completing investigation, filed the charge -sheet at Madras.

(3.) MR . Damodaran, learned counsel for the revision petitioner raised three points. They are : - (1) The witness who attested the mahazar for recovery of M.O. 6 series, has not supported the case of the prosecution and therefore the Courts below ought to have held that the recovery was not proved (2) mere possession of counterfeit currency notes without any intention to use the same as genuine would not constitute an offence under S. 489 -C, I.P.C. and (3) possession of counterfeit American Dollar will not be an offence under S. 489 -C.