MANU SK. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant criminal appeal is directed against the judgment and order of conviction and sentence dated 31st day of July, 2013 passed by the learned Additional Sessions Judge, 5th Court at Malda in Sessions Trial No.7 of 2013 corresponding to Sessions Case No.281 of 2012 arising out of Gazole Police Station Case No.292/12 dtd. 27/7/2012 thereby convicting the accused/appellant under Sec. 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Rs.1,000.00 with default clause.

(2.) The brief fact of the case is as follows:- Police attached to Gazole Police Station received the information that four persons including the driver of a Bolero car bearing No.WB66-A/1627 was standing at Alampur Chiriadaha side and the movement of the said four persons was suspicious. The information was recorded in the general diary book of the police station and one Rasamay Paul, Assistant Sub-Inspector of police went to the spot to work out the said information. At Alampur they found one Bolero car in stationary condition by the side of the road. One person was siting in driver's seat. Police interrogated the said person. He failed to state the whereabouts of the passenger of the said car. A.S.I. Rasamay Paul conducted search of his person and recovered 12 pieces of fake Indian currency notes (FICNs) of 500/- denomination from his possession. The said FICNs were properly seized and labelled in presence of local individual witnesses. The said person was arrested and brought to the police station.

(3.) A.S.I. Rasamay Paul submitted a complaint to the Officer-in-Charge of Gazole Police Station, on the basis of which a case being Gazole Police Station Case No.292 of 2012 dtd. 27/7/2012 under Sec. 489B and 489C of the Indian Penal Code was registered against the accused. The investigation of the case culminated in filing charge-sheet.