MOHAMMED MAJID Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated November 11, 2021 and order of sentence dated November 14, 2021 passed by the learned Additional and Sessions Judge, Alipore, South 24-Parganas in connection with Sessions Trial No. 5 of 2018 arising out of Sessions Case No. 44 (05) of 2018.

(2.) By the impugned judgment of conviction, the appellant was convicted for the offences punishable under Ss. 489A/489B/489C of the Penal Code, 1860. The accused Waseem Ahammed was, however, found not guilty of the charges. By the impugned order of sentence, the appellant was sentenced to suffer rigorous imprisonment for eight years and a fine of Rs.50,000.00 and in default of payment of the fine to undergo further rigorous imprisonment for six months for the offences punishable under Sec. 489A of the Penal Code, 1860. He was further sentenced to rigorous imprisonment for eight years and a fine of Rs.30,000.00 and in default of the payment to undergo rigorous imprisonment for a further period of six months for the offences punishable under Sec. 489B of the Penal Code, 1860. The appellant was also sentenced to suffer rigorous imprisonment for five years and a fine of Rs.20,000.00 and in default of payment of the fine to suffer a further rigorous imprisonment for three months for the offences punishable under Sec. 489C of the Penal Code, 1860. All the sentences were directed to run concurrently.

(3.) The facts giving rise to the instant case is that on December 04, 2017, one SI Biswajit Sarkar received a source information to the effect that one fake currency dealer from Allahabad, Uttar Pradesh was coming near AC Market, Khidirpur with a huge amount of fake currency notes for trafficking the same. The de facto complainant along with the raiding team proceeded to AC Market at Khidirpur. He also requested the local people to assist the raiding team in the search and seizure. At about 18.45 hrs., the source pointed out a person carrying a black coloured rucksack bag who was going from the side of Karl Marx Sarani. The raiding team on the footpath in front of the shop styled 'Sufi Collections' at 129C, Karl Marx Sarani, Kolkata-23 by the side of Sethi Diagnostic and Medicare Private Limited and Khidirpur AC market. The detained person disclosed his identity as the appellant. The de facto complainant offered himself to be searched by the detained person which he refused. Thereafter, search was conducted by the de facto complainant upon the detained person. Upon such search, the bag carried by the detainee was found to contain one black polythene carry bag which in turn contained a torn white coloured paper bags containing 283 pieces of Indian Currency Notes of the denomination of Rs.500.00 each and 295 pieces of Indian Currency Notes of the denomination of Rs.100.00. The aforesaid currency notes appeared to be counterfeit. The polythene carry bag was kept in a sealed manner inside the bag along with the wearing apparels. A total of Rs.1,71,000.00 Indian currency notes appearing to be counterfeit were seized from the possession of the detained person. The aforesaid currency notes along with the other article were seized by the de facto complainant under proper seizure list dated December 4, 2017. The seized articles were packed, sealed and labelled at the spot in presence of the detainee and the witnesses.