SAHIDUJJAMAN SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the appeals are directed against the judgment of conviction dtd. 12/1/2021 and order of sentence dtd. 19/1/2021 passed by learned Chief Judge, City Sessions Court, Calcutta in Sessions Trial No. 01(05)/2017 arising out of Sessions Case No. 11 of 2017 convicting the appellants under Ses. 489(B) /489(C)/120(B) of the Indian Penal Code.

(2.) The fact of the case, in a nutshell, is that on 4/10/2016, the de facto complainant, a sub-inspector of police in Special Task Force, Kolkata received a source information to the effect that two Murshidabad based fake currency racketeers were going to move to Mumbai via Kolkata with huge amount of fake Indian Currency note. The source information also revealed that they were to meet their associates at around the crossing of M.G. Road and Rabindra Sarani. The information was conveyed to the superior officers of STF, Kolkata and a team to work out the information was formed consisting of the personnel of Special Task Force, Kolkata including the de facto complainant. The team proceeded to the area indicated in the information with investigation kit. They were keeping watch around since 12.45 hours.

(3.) At about 13.10 hours, a chaos came to the notice of the raiding party from a belt shop situated at 146/1 MG Road, P.S. Barabazar, Kolkata-700007. The raiding team along with the de facto complainant rushed to the shop. Incidentally, thereafter, the source identified the two persons engaged in the altercation at belt shop, one of whom was carrying one black and green coloured bag and another carrying one black coloured bag to be the racketeers whom the raiding team was looking for. Thereafter, the said persons were cordoned and the raiding team disclosed their identity. On enquiry, one Monohar Chawdhury disclosing himself to be the shop keeper of the said shop and informed the de facto complainant that on the said date i.e. 4/10/2016 at about 12.50/ 12.55 hours, the two detained persons came to his shop and asked for belts. The person carrying black and green bag chose a belt valued at Rs.450.00 and the second one, carrying the black bag, chose a belt valued at Rs.420.00. In order to make payment, both of them separately tendered currency notes of the denomination of Rs.1000.00 which were found to be counterfeit notes in usual checking. The shop keeper returned the notes and asked for genuine notes but the two purchasers insisted on receiving the note already tendered by them for which a chaos ensued.