DASU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred by the present appellant as against the judgement and order of conviction dated 19 -01 -2015 and 20 -01 -2015 respectively passed by the then Additional District & Sessions Judge, Fast Track, First Court, Malda, in Sessions Trial No. 34(05) of 2014 arising out of Sessions Case No. 144 of 2014 (Malda P.S. Case No. 360 of 2012 dated 19 -09 -2012, G.R. Case No. 4413/2012). The learned Trial Court was pleased to convict this appellant in respect of the charge punishable under Section 489C of the I.P.C. and he was acquitted in respect of the charge punishable under Section 489B of the I.P.C. The case before the Trial Court for appreciation of this appeal can be stated in brief thus :

(2.) AFTER observing all formalities, search was made in respect of that person of the present appellant and on search 7 pieces of FICNs having denomination of Rs. 1000/ - each were found along with two pieces of 100 rupee notes, 5 pieces of 50 rupee notes and 5 pieces of 10 rupee notes. All those were seized as per seizure list marked as Ext. 1. Labelling was also made. The accused -appellant told the raiding party that he collected those FICNs from Gazole area with a view to use the same in local market. The total process as regards seizure etc. continued from 08.35 hours to 09.55 hours. Thereafter, the accused was arrested and was taken to police station.

(3.) DURING the course of investigation, the I.O. of this case prepared a rough sketch map of the place of occurrence and forwarded those FICNs of Rs. 7000/ - to the expert and the expert submitted a report dated 13 -12 -2012 branding those notes to be counterfeit notes. The report was marked as Ext. 6. After completion of investigation, the I.O. submitted charge sheet against the accused in respect of the offences punishable under Sections 489B and 489C of the Indian Penal Code.