MAJIBAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal impugns the judgement and order of conviction dtd. 17/8/2023 and 18/8/2023 respectively passed by the Additional Session Judge, 4th Court, Berhampore, Murshidabad in Sessions Trial No. 01(July)/ 2012 arising out of the Sessions SL. Case No. 421/2009 wherein the appellants were convicted as under:- <FRM>JUDGEMENT_85_LAWS(CAL)5_2024_1.html</FRM>

(2.) On 12/7/2007 at about 16.45 hours the police received credible information from source to the effect that three persons being carriers/ dealers and sellers of Fake Indian Currency Note( for short FICN) are coming to Berhampore with huge quantity of FICL to channelize those to open market through their agents in exchange of money for unlawful gain. The police personnel under the leadership of Inspector Bibhas Ganguly, Detective Department, Murshidabad (for short DD) took note of the same and proceeded to Chuapur More on NH 34. At the place of occurrence (for short P.O.) the police requested two persons namely Ashim Sarkar and Ramananda Singh to act as public witnesses and accompany them during raid. Thereafter, an ambush was laid near the P.O. at around 17.10 hours when the three persons were coming from the opposite direction along side NH34 and assembled at P.O. where they were encircled by the raid party. After disclosing their identity Inspector Ganguly searched the accused/appellants in presence of local witnesses and recovered 49 pieces of FICN of Denomination of Rs.1000.00from the chest pocket of appellant (for short A) no. 1 and 101 pieces of FICN of Denomination of Rs.500.00 was recovered from the chest pocket of A2 and 80 pieces of FICN of Denomination of Rs.500.00 was recovered from the chest pocket of another accused. The total value of FICN recovered was Rs.1,39,500.00. Inspector Ganguly seized all these FICN from the exclusive possession of the accused and separately kept it in 3 envelopes with proper label. After that the accused/appellants were arrested and accordingly a suo motu case was initiated by the Police being Berhampore Police Station Case No. 310 of 2007 dtd. 12/7/2007 under Ss. 489A/489B/489C/34 of the IPC against all the accused persons including the appellants herein.

(3.) On completion of investigation police submitted charge sheet against the accused under Ss. 498B/489C/ 34 of IPC.