MD. SADDAM HOSSAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Criminal Appeal No.461 of 2019 has been filed by Md. Saddam Hossain assailing the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track 2nd Court at Jangipur in Sessions Trial No.2(2)/2018 arising out of Sessions Case No.133 of 2017 thereby convicting the appellant for committing offence under Sec. 489B and 489C of the Indian Penal Code as well as Sec. 14 of the Foreigners Act and sentencing him to suffer rigorous imprisonment for seven years with fine and default clause for the offence punishable under Sec. 489B of the IPC. The above named appellant was also sentenced to suffer rigorous imprisonment for five years with fine and default clause for the offence punishable under Sec. 489C of the IPC. The appellant was also sentenced to suffer rigorous imprisonment for three years with a fine and default clause for the offence punishable under Sec. 14 of the Foreigners Act.

(2.) The jail appeal filed by Rubel Seikh assailing the judgment and order of conviction and sentence passed by the court below in the above mentioned case, is registered as Criminal Appeal No.479 of 2019. It is the case of the prosecution that on 29/7/2017, a police party attached to Samsherganj P.S conducted raid at a place near Dhuliyan Ferry Ghat to work out on a source information. At about 4.30 pm they apprehended two persons on suspicion. A search was conducted and S.I Md. Meser Ali recovered two bundles of Fake Indian Currency Notes (FICN) containing 25 numbers of notes in each bundle of Rs.2000.00 denomination from each of the said two apprehended persons. Both of them disclosed their names and identity as Md. Saddam Hossain and Rubel Sk. The Sub-Inspector of Police seized the FICN under proper seizure list in presence of the witnesses at the spot. The seized FICN were labeled and sealed at the spot. It is also learnt that Rubel Sk is a Bangladesh National and he entered Indian territory without any valid passport or visa. The above named accused persons were arrested and brought to the police station. S.I Md. Meser Ali Submitted a written complaint before the Officer-in-Charge of the jurisdictional police station and a case was registered against the above named appellants in Samsherganj P.S Case No.251 of 2017 under Sec. 489B/489C of the IPC and Sec. 14 of the Foreigners Act.

(3.) Subsequently, police submitted charge sheet against both the appellants under Sec. 489B/489C and Sec. 14 of the Foreigners Act.