JABBAR ISAK SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dtd. 21/1/2019 in Sessions Case No.420 of 2016, Greater Mumbai.

(2.) By the impugned Judgment, the learned Additional Sessions Judge, Greater Mumbai, has held the Appellants (hereinafter referred to as the Accused Nos.1 and 2) guilty of offences under Ss. 489 (B) and 489 (C ) read with 34 of Indian Penal Code. They have been sentenced to undergo Rigorous Imprisonment for ten years with fine of Rs.10,000.00in default six months for offence under Sec. 489 and five years with fine of Rs.5,000.00 in default three months in respect of offence under Sec. 489 C read with 34 of Indian Penal Code.

(3.) The case of the prosecution in brief is that on 15/3/2016 PW-1 Arif Khan police Naik attached to Sion Police Station received secret information that two persons from West Bengal were in possession of counterfeit notes. He passed on the information to PW-5, Mr. Santosh Gaikwad, A.P.I. at Sion Police Station. PW-5 arranged a trap and he along with PW-1 and other police personnel proceeded near Krushna Bhuvan, Bus Depot, Sion. They saw one person offering a note of Rs.1,000.00to a taxi driver and later to the owner of a grocery shop and asking them for change. They refused to accept the currency note. While the said person was proceeding to another shop, PW-5 and the other police personnel caught him. PW5 introduced himself and the other members of the police staff and took search of the said person in presence of the panchas and recovered nine notes in denominations of Rs.1,000.00 each from the said person. The said notes, which appeared to be counterfeit notes, were seized under Panchanama.