MD SAHBUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 29th April, 2016, passed by the learned Additional District and Sessions Judge, 4th Court, Malda convicting the appellants for the offence punishable under Section 489C of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each in default to suffer rigorous imprisonment for six months each.

(2.) The prosecution case leading to the instant appeal is that on 06.02.2015, at about 03.30 hrs Asstt Sub-Inspector, Ram Niwas of 125 Bn BSF, 17 Mile, Baisnabnagar Malda received a secret information that some Indian Nationals carrying fake currency notes to Malda Railway Station from Bordering village Ghoshtola and as per instruction of their superior he along with troops of BSF reached at Malda Railway Station at about 07.00 hrs and after reaching at Malda Railway Station they contact with officers of RPF & GRPS Malda Railway Station and informed about movement of suspects and as per identification of source he along with BSF, RPF and GRPS troops surrounded and detained them who were found loitering on the Platform No.2 in Malda Railway Station and on performance of legal formalities, suspects were searched and after searching Rs.1,16,000/- of 116 pieces Fake Indian Currency notes of denomination of Rs.1000/- each was recovered from the possession of accused Md. Sahabuddin which was wrapped in one black colour poly bag in right pocket of his pant along with one Samsung (Duos) mobile handset black colour with one Aircel SIM Card and one Samsung (Duos) mobile handset blue colour with one Airtel SIM, one piece of genuine Indian Currency notes of Rs.500/- and one piece of genuine Indian Currency Notes of Rs.100/-, one PAN Card bearing No.CKNPP6542B in the name of Parvej, one SBI Tiny Card in the name of Md. Sahabuddin, one voter identity card in the name of Saidun Khatun W/o Md. Sahabuddin. He also recovered Rs.1,68,000/- of 336 pieces of Fake Indian Currency Notes denomination of Rs.500/- each from the possession of Md. Esrafil which was wrapped in one black colour polybag in his black colour small bag which was kept in right hand along with one Micromax mobile handset white colour Model with two Airtel SIM cards and genuine Indian Currency Notes five pieces of Rs.500/- and two pieces of Rs. 100/- and one voter Identity Card in the name of Md. Esrafil and one identity card issued by Panchayat Pradhan of Bihar Govt. in the name of Md. Esrafil. Then the complainant seized the said FICN and other articles in presence of independent witnesses on the spot and labeled the FICN. The suspected persons confessed that the seized notes are fake and they procured the same to traffic the FICN from Kabir Miya of Goshtola, PS-Kaliachak, Dist- Malda in order to circulate the same in different parts of the country.

(3.) On the basis of a complaint lodged by the complainant, Malda (T) G.R.P.S. case was started under Section 489B/489C/120B of the Indian Penal Code and charge sheet was submitted against both the accused persons-appellants under the said offence after completion of investigation. The learned Additional Sessions Judge proceeded with the trial after framing of charges under Section 489B/489C/120B of the Indian Penal Code to which the accused persons-appellants had abjured the guilt and claimed to be tried.