AZIM SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Code of Criminal Procedure challenging the judgment and order of conviction dated 28.09.2016 passed by the learned Additional District and Sessions Judge, 5th Court, Malda in Sessions Case No.311/2015/Sessions Trial No.57 of 2015 sentencing the appellant to suffer rigorous imprisonment for seven years and also to pay a fine of Rs.10,000/- in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 489C of the Indian Penal Code.

(2.) The prosecution case leading to this appeal in brief is that on 29.12.2014 at 17.15 hrs. A.S.I. Sunirmal Singh the duty officer of E.B P.S received an information that one person was carrying F.I.C.N. and moving suspiciously near Amriti Panchayat Office. He accordingly informed the matter to I.C. E.B P.S and as per direction of I.C at 17.25 hrs. the de facto complainant, A.S.I. Anup Kr. Singha along with A.S.I. Umar Faruque and constable Jakirul Islam, Motiur Rahaman, Rejaul Karim, Ujjal Singha, Ratan Chakrabarty and Subir Singha went to the spot at 18.05 hrs. and contacted with the source. After some time on being identified by the source they surrounded the suspected person and requested local persons namely Phani Bhusan Manda, Sanjoy Routh and Subrata Subba to witness the search process after disclosing their identity and the purpose of search. The witnesses and the suspect were offered to search the raiding party but they denied. Then in presence of the witnesses the suspect was searched and Rs.4,01,000/- fake Indian Currency Notes were recovered from the possession of the suspect in a black plastic bag. The suspect confesed that the notes were F.I.C.N and he had come to Malda town to use the notes as genuine. The suspect disclosed his name as Ajim Sk. s/o Safiruddin Sk. of Goduagram, P.S. Kaliachak, District Malda. The seuized notes were sealed and labeled and the witnesses and the accused person had given their signature on the label. The entire process was completed in between 18.15. hrs. to 20.10 hours. The suspect was arrested and brought to the P.S along with the seized F.I.C.N and handed over.

(3.) On receiving the written complaint initially specific police case being E.B. PS Case No.1078/14 dated 29.12.2014, under Section 489B/489C of IPC was started for investigation and after completion of investigation, charge sheet was submitted under Section 489B/489C of IPC. Cognizance was taken and charge was framed against the accused under Section 489B/489C of IPC. Charge was read over and explained to the accused person, to which he had pleaded not guilty and claimed to be tried.