ASRAUL HOQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is preferred against Judgment of conviction and Order of sentence both dtd. 19/09/2014 passed by the Additional District and Sessions Judge, 5th Court Malda, in Sessions Trial No. 9 of 2013 whereby the Appellant was convicted under sec. 489(C) of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years along with fine of Rs.5,000.00 in default rigorous imprisonment for another one year.

(2.) Secret information was received on 13/01/2013 at 12:05 hours by Assistant Sub-Inspector Uttam Kumar Das of Manikchawk Police Station, Malda that one unknown person was carrying fake Indian currency notes and was proceeding from Malda to Dharampur. He along with other police persons went to Dharampur bus stand on the basis of information so received, at 12:35 hours. At around 13:15 hours the Appellant got down from vehicle at Dharampur bus stand. The person of the Appellant was searched following usual formalities and 102 pieces of fake Indian currency notes of denomination of Rs.500.00 was seized from his possession. He was arrested on the spot. Written complaint was lodged by the said ASI Uttam Kumar Das before the Officer-in-Charge Manikchawk Police Station, District - Malda. The written complaint was received on 13/01/2013 at 17:45 hours in terms of GD Entry No. 595 and Manikchawk Police Station Case No. 12 of 2013 dtd. 13/01/2013 under sec. 489(B)/489(C) of the Indian Penal Code was registered. Sub-Inspector Subimal Kumar Dey was entrusted with investigation. In course of investigation, he visited the place of occurrence and prepared rough sketch map with index, examined witnesses, collected seized articles on preparing seizure list. Seized notes were sent for examination and he received the result of examination. On completion of investigation, he filed charge sheet under sec. 489(B)/489(C) of the Indian Penal Code.

(3.) Since the case was exclusively triable by a Sessions Court, the matter was committed to the Sessions Judge and then to the Trial Court.