SABIR SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal arose out of judgment and order of conviction dated 30.03.2012 & 31.03.2012 passed by learned Additional Sessions Judge, Fast Track Court III, Malda in Sessions Trial No. 39 of 2011 arising out of Sessions Case No. 165 of 2011 and thereby convicting the appellant for commission of offence punishable under Sections 489 (C) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.20,000/ - with default clause.

(2.) IN the background of this appeal, the fact in a nutshell is as follows: -

(3.) ONE S.I. of police namely Parimal Saha of Kaliachak Police Station lodged one written complaint before the I.C., Kaliachak Police Station with the claim and allegation that on 20.04.2010 one secret source information was received that accused Sabir Sk. has kept huge amount of fake Indian currency notes. Thereafter, the S.I. Kajal Chatterjee diarised the information being G.D.E. No. 1311 dated 20.04.2010 and informed to I.C. Then as per direction of I.C, the de facto complainant along with other police force left the P.S. for Murgauri village to work out the information. Thereafter, they requested the witnesses Sanaul Sheik, Lalanu Momin to remain present there. Thereafter, they reached the house of Sabir Sk. and called him in presence of the witnesses. Then they entered into the bedroom and on being searched fake Indian currency notes amounting to Rs.3 lakhs of the denomination of Rs.500 and Rs.1,000 were recovered under the bed. Thereafter, seizure list was made by preparing seizure list. The accused was taken to Police Station and written complaint was lodged.