SOU BHARTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants had been tried for various offences of counterfeiting currency notes under Ss. 489-A, 489-B, 489-C, 489-D, 489-E and 120-B of the Indian Penal Code. By this appeal, the appellants challenge their conviction and substantive sentence of rigorous imprisonment and fine imposed by the trial Court.

(2.) THE prosecution case in brief is that on 14-11-1998 accused/appellant No. 1-Bharti had gone to Sakkardara Market for shopping and in the process of shopping at different places, she purchased certain articles and gave counterfeit currency notes of the denomination of Rs. 500 as also Rs. 50. It appears that appellant No. 1-Bharti was detained in the market by the public and it was being said that appellant No. 1-Bharti was possessing fake currency notes. In the meantime, police had been informed and the police party headed by PSI Sapkale arrived there. In the presence of panchas, the search of the appellant No. 1-Bharti was conducted and on her search, counterfeit currency notes of Rs. 500 denomination and two counterfeit currency notes of Rs. 50 denomination were recovered. Appellant No. 1-Bharti then took the police to Raghute Bhavan, Dighori, Nagpur where she was staying along with the other co-accused. Appellant No. 2 is stated to be the second wife of appellant No. 3, first wife being the appellant No. 1. During his search, 21 one- sided printed notes of Rs. 50 denomination, 8 one sided printed notes of Rs. 500 denomination and 4 notes of Rs. 100 denomination, blank papers for printing notes' one colour computerised xerox machine; printing kit etc. were recovered. Appellant No. 2 was present in the house during the said search. Appellant No. 3 had absconded and he was arrested only on 24-3-1999 in some other offence and was arrested in connection with the case under consideration on 27-3-1999. At his instance, 48 fake currency notes of Rs. 500 denomination were recovered from his house after opening the lock of a cupboard and from under an idol kept there for worship.

(3.) ALL these counterfeit currency notes which were recovered were sent to the Reserve Bank of India for opinion and the Treasurer of the Reserve Bank of India, Nagpur informed that the currency notes which were sent for opinion, were fake currency notes.