CHHOTELAL THAKUR. Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order of conviction and sentence dated 21st September, 2016 and 22nd September, 2016 passed by the Ld. Additional Sessions Judge, (Essential Commodities Act) at Berhampore, Murshidabad in Sessions Trial No. 01 of June, 2014 arising out of Sessions Serial No. 306 of 2014, wherein the Ld. Trial Court was pleased to convict the appellants under Sections 489B/34 of Indian Penal Code (IPC) and Sections 489C/34 of the IPC and sentenced them to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 50,000/- each, i.d. to suffer simple imprisonment for one year for the offence punishable under Sections 489B/34 of IPC and also sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 25,000/- each, i.d. to suffer simple imprisonment for six months for the offence punishable under Sections 489C/34 of IPC.

(2.) The prosecution was initiated on the basis of a complaint filed by Prabir Kumar Bhadra, Senior Intelligence Officer, Directorate of Revenue Intelligence, Berhampore, Sub-Regional Unit. According to the prosecution case on the basis of a source information three persons were apprehended at Moregram More at NH 34 on 12-12-2013 at about 18:30 hours and huge quantity of fake Indian currency Notes (FICN) were recovered from two of the accused persons namely, Umesh Sha and Maya Devi. It has been alleged that the value of the FICN so recovered after search was to the tune of Rs. 14,46,500/- which included denomination of Rs. 1000/- and Rs. 500/-. Specific allegations were made against Umesh Sha to the extent about 797 pieces of FICN of Rs. 1000/- denomination and 01 piece of FICN of Rs. 500/- denomination being recovered from a specially designed white coloured vest having concealed pockets and a pair of white colour shoes worn by the accused. The allegation against Maya Devi was recovery of 649 pieces of FICN of Rs. 1000/- denomination. The further allegation was that the above two accused persons namely Umesh Sha and Maya Devi were recruited by the other accused namely, Chhotelal Thakur. The complaint alleged specific role of each of the accused persons and prayed for taking cognizance of the offences alleged.

(3.) On receipt of the complaint the Ld. Magistrate was pleased to fix date for supply of copies to the accused persons and after the same being complied, Ld. Magistrate was pleased to assess the allegations and by an order dated 04.04.2014 was pleased to commit the case to the Court of Ld. District and Sessions Judge, Murshidabad, as the offences complained were triable by a Court of Sessions.