ABU SAJED @ SAYED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgement and order dated 22.01.2014 passed by the learned Additional Sessions Judge, Jangipur, Murshidabad convicting the appellants for commission of offence punishable under section 489B and 489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years each and to pay a fine of Rs. 5,000/ - each, in default, to suffer rigorous imprisonment for six months each for the offence punishable under section 489B of the Indian Penal Code and to suffer rigorous imprisonment for four years each and to pay a fine of Rs. 3,000/ - each, in default, to suffer rigorous imprisonment for three months each for the offence punishable under section 489C of the Indian Penal Code, both the sentences to run concurrently.

(2.) PROSECUTION case, as alleged, against the appellants is that on 26.06.2010 at about 16.05 hours one Ranjit Kr. Das, SI of Police attached to Samserganj Police Station (PW 6) received secret information that the appellants were moving suspiciously in front of main gate of Tarapur Central Hospital with Fake Indian Currency Note (FICN for short) amounting of Rs. 1 lac with an intention to distribute them to agents. On receipt such secret information, PW 6 diaried the information as Samserganj GD Entry No. 1376 dated 26.06.2010 and intimated the matter to Officer -in -Charge, Samserganj Police Station. As per direction of Officer -in -Charge, Samserganj Police Station, PW 6 along with other police personnel left the police station and proceeded for Tarapur Central Hospital's main gate. When reached to the aforesaid place around 16.25 hours as per identification of the source the above noted Police Officer apprehended the appellants and on interrogation they disclosed that they were carrying FICNs for distribution to agents. PW 6 called local witnesses, namely, Moklesur Rahaman and Samir Sk. and in their presence the appellants were searched and one bundle of currency notes suspected to be fake of denomination Rs. 500/ - each consisting 100 pieces in each bundle were recovered from each of the appellants. The currency notes suspected to be fake were seized under a proper seizure list, sealed and labeled in the presence of witnesses and the appellants.

(3.) ON interrogation, the appellants admitted that they were aware of the currency notes were fake and they were intended to be used as genuine. After returning to the police station de facto complainant handed over the appellants and the seized notes to the Duty Officer and lodged written complaint resulting in the registration of Samserganj P.S. Case No. 179/2010 dated 26.06.2010 under section 489 and 489C of the Indian Penal Code against the appellants.