EKRAMUL HAQUE @ YAKUB Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The learned lawyer for the appellants submitted that although it has been recorded in earlier order that the paper books are ready, on inspection, it has been found that the paper books are not ready. He further submitted that the appellants have served out a major portion of the substantive sentence of imprisonment. Hence, by the consent of the parties, preparation of paper books is dispensed with and the appeal is heard on merits on the basis of the lower court records.

(2.) The appeal is directed against judgement and order dated 28/29th March, 2014 passed by the learned Additional Sessions Judge, 1st Fast Track Court, Calcutta in Sessions Trial No. 1 (June) of 2012 (Sessions Case No. 102 of 2011) convicting the appellants for commission of offence punishable under sections 120B/489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years.

(3.) The prosecution case, as alleged, against the appellants is to the effect that one Debabrbrata Das, S. I. of Police attached to Special Task Force (STF) Kolkata (P. W. 1) received source information that two persons aged about 25/30 years had come to Kolkata from Malda with a huge consignment of fake Indian currency notes ('FICN' for short) after procuring the same from their associates in Malda and Bangladesh. It was also learnt from the source that the said persons would come somewhere near the temple at the crossing of Nimtlolla Ghat Street and M. D. Road under Jorabagan Police Station for the purpose of purchasing articles. After conveying such information to the superior, a raiding party comprising of officers and men of STF Kolkata under the leadership of P. W. 1 left for the spot. After arriving there they kept vigil from 12 noon in the afternoon on 19.7.2011. Around 2 -00 P.M. source pointed out two persons as the traffickers of FICNs from Malda who were coming from North to South on Maharshi Debendra Nath Road. P. W. 1 intercepted those two persons in front of 75, Maharshi Debendra Nath Road, near Mangalik Pouro Sangstha, Kolkata -6 and disclosed his identity. The detained persons disclosed their identity as Tanu Sk. @ Mahifur Sk. and Ekramul Haque @ Yaqub. Tanu Sk. was carrying a brown coloured rexine kit bag, whereas Ekramul was carrying a dark olive green coloured cotton bag. P. W. 1 searched the miscreants in the presence of independent witnesses, Pawan Agarwal (P. W. 3) and Munna Shaw (P.W.4). On search 400 pieces of Indian currency notes suspected to be counterfeit of Rs.500/ - denomination each amounting to Rs.2,00,000/ - were found in a black coloured polythene carry bag inside the brown coloured rexine kit bag of appellant, Tanu Sk. The articles were seized under a seizure list. They were packed, labelled and sealed in the presence of the appellants and witnesses. Similarly, upon search of appellant, Ekramul, 395 pieces of Indian currency notes suspected to be counterfeit of Rs.500/ - denomination each amounting to Rs.1,97,500/ - in all were found inside his cotton kit bag. The recovered articles were seized under a seizure list in the presence of witnesses. Articles were packed, labelled and sealed. The appellants were unable to give satisfactory answer as to how they came into possession of such huge amount of Indian currency notes which were suspected to be countrfeit. The appellants were arrested and on the basis of complaint lodged by P. W. 1 with the Officer -in - Charge, Jorabagan Police Station, the instant case being Jorabagan Police Station Case No. 182 dated 19.7.2011 under sections 120B/489B/489C of the Indian Penal Code was registered for investigation. In conclusion of investigation, charge sheet was filed under sections 120B/489B/489C of the Indian Penal Code against the appellants.