SAHANGIR MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 21st December, 2015/22nd December, 2015 passed by the learned Additional Sessions Judge, Fast Track Court-3, Barrackpore, North 24-Parganas in Sessions Trial No. 05(06)/2014 (Sessions Case No. 137 of 2014) convicting the appellant for commission of offence punishable under Ss. 489B/489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Sec. 489B IPC and to suffer rigorous imprisonment for five years and to pay fine of Rs.10,000/, in default, to suffer rigorous imprisonment for three months more for the offence punishable under Sec. 489C of the Indian Penal Code; both the sentences to run concurrently.

(2.) The prosecution case as alleged against the appellant is to the effect that on 28th November, 2013 at about 00:30 hrs. SI, Sahabuddin Mondal of Airport Police Station (PW1) received a source information that one notorious criminal namely, Rana of Louhati area was operating in fake currency notes of denomination of Rs.500/- and Rs.1000/- in a clandestine manner. Source further informed that the miscreant was expected to come between 1:00 to 1:30 hrs. in the vicinity of Michael Nagar and Jessore Road in connection with clandestine trafficking of FICN. The aforesaid information was diarised as G.D. Entry No. 1522 dated 28.11.2013. After obtaining permission of ADCP, Airport Police Station, SI Sahabuddin Mondal, (PW1) along with ASI, Hasan Imam Mallick, Constable Sanjoy Garai (PW5), Constable Sajal Kumar Dey (PW3) went to the spot in vehicle No. WB-74X-6875 after diarising such fact in G.D. Entry No. 1523 dated 28.11.2013. At about 00:55 hrs., they reached near Michael Nagar Dhaba on Michael Nagar-Jessore Road and kept watch. At around 01:30 hrs they noticed a chaos inside Michael Nagar Dhaba. They rushed to the Dhaba and the source pointed out to a person who was engaged in altercation with the shopkeeper of the Dhaba as the trafficker of the FICN. Police intercepted him inside the Dhaba. Shyamlal Ghosh (PW7), cashier of the Dhaba stated that the detained person had come to the Dhaba and ordered food. He had offered two currency notes of Rs.500/- each against the food bill of Rs.755/-. Shyamlal suspected the notes to be fake and asked him to change the notes. At this the detained person insisted that the notes were genuine. Upon interrogation, the detained person disclosed his identity as the appellant. Thereafter, the police personnel searched the appellant and 30 nos. of Indian Currency notes in denomination of Rs.500/- each amounting to Rs.15,000/- in all wrapped in an old Bengali newspaper dated 23rd September, 2013 was recovered from the right side pocket of his trouser and cash memo dated 28.11.2013 of Rs.755/- was also recovered from the right side shirt pocket of the appellant. Police also recovered one black colour money bag containing Rs.120/- in genuine currency notes. The aforesaid currency notes suspected to be fake were seized under a seizure list and the police personnel obtained the signature of the accused thereon. The seized articles were sealed and labelled at the spot in the presence of witnesses. After reaching the police station, PW1 lodged written complaint resulting in registration of Airport Police Station Case No. 343 of 2013 dated 28.11.2013 under Ss. 489B/489C of the Indian Penal Code. During investigation, seized currency notes were sent for expert opinion and upon receipt of expert opinion, charge-sheet was filed. Case was committed to the Court of learned Additional Sessions Judge, Barrackpore, North 24- Parganas and transferred to the Court of the learned Additional Sessions Judge, Fast Track Court-3, Barrackpore, North 24-Parganas for trial and disposal. Charges were framed under Ss. 489B/489C IPC. The appellant pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined 9 witnesses and exhibited the expert opinion (Exhibit-7) that the seized currency notes were fake. In conclusion of trial, the trial Judge by the impugned judgment and order dated 21st December, 2015/22nd December, 2015 convicted and sentenced the appellant, as aforesaid.

(3.) Mr. Sandip Chakraborty, learned counsel appearing for the appellant submits that the prosecution case has not been proved beyond doubt. There are discrepancies in the seizure and labelling of the suspected FICNs. It is unclear when the seized articles were sent to the expert for examination. While the Investigating Officer (PW9) stated that the seized alamat was sent for examination after he had assumed charge of investigation on 6th December, 2013, PW6 (D. Purnachandra Rao) expert attached to Bharatiya Reserve Bank Note Mudran Pvt. Ltd. deposed that they received the sealed envelope on 28th November, 2013. He accordingly, prayed for acquittal.