NAIDU SK Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS appeal has been preferred by the sole appellant Naidu Sk challenging the judgment and orders of conviction and sentence passed by learned Additional District and Sessions Judge, Fast Track, 2nd Court, Malda in Sessions Trial No. 40 of 2011 arising out of Sessions Case No. 313 of 2011 convicting the appellant under Sections 489B/489C of the Indian Penal Code and sentencing him to suffer a rigorous imprisonment for ten years and to pay a fine of Rs. 6000 in default, further rigorous imprisonment for six months for the offence punishable under section 489B, Indian Penal Code and also sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 4000 in default, further rigorous imprisonment for four months for the offence punishable under Section 489C, Indian Penal Code. According to the impugned judgment both the sentences would run concurrently. Said judgment of conviction and sentence has been passed on 24.1.2012.

(2.) STATE respondent being prosecution in the Trial Court adduced oral evidence of 11 witnesses and documentary evidence such as -seizure list dated 9.5.2011 (exhibit -1), label of seized articles dated 9.5.2011 (exhibit -2), a written complaint dated 9.5.2011 (exhibit -3). Copy of G.D. Entry No. 545 dated 9.5.2011 of English Bazar Police Station of District Malda (exhibit -4), formal FIR (exhibit -5), a true copy of Government Notification No. 4282 -PL dated 23.12.2009 vesting power on A.S.I. for police investigation (exhibit -6), a rough sketch map showing location of the place of occurrence (exhibit -7), the index of exhibit -7 (exhibit -7/1), opinion of expert (exhibit -8) and xerox certified copy of property register of English Bazar Police Station (exhibit -9). During trial prosecution also produced 100 pieces of currency notes of Rs. 1000 denomination as Fake Indian Currency Notes (hereinafter called as FICNs in this judgment) as material exhibit -I collectively.

(3.) PROSECUTION case is that the PW 1 A.S.I. Anup Kumar Singha received a source information at English Bazar Police Station on 9.5.2011 at 8:15 P.M. that a deal of huge amount of FICN would take place at Gourbanga near Mohan Dhaba Hotel on NH 34. Instantly, PW 1 informed that matter to Inspector in charge (hereinafter called as I.C.) of English Bazar Police Station for further direction. Under order of that I.C., PW 1 along with A.S.I. Ranjit Das (PW 11), A.S.I. Kamalesh Joardar (PW 3), Constable Delwar Hosein (PW 2) and H.G.O. Abdul Barek (PW 9) left the P.S. to work out the information vide G.D. Entry No. 546 dated 9.5.2011, they reached at Gourbanga area and made contact with two disinterested witnesses requesting them to assist them during operation of the source information and taking them with the police team, they noticed two suspects were moving in front of Mohan Dhaba at Gourbanga in a suspicious manner. On identification by the source the members of police team surrounded the suspects on NH 34 near Mohan Dhaba at Gourbanga. On interrogation by police said two suspects disclosed their identity and police personnels also expressed their identity before the said suspects. PW 1 informed the suspects to search the members of the police party but the suspects refused. Then the police personnel searched the suspects and on search material exhibit -1 (bundle of FICN of Rs. 1000 denominations) was found from the pocket of the appellant (mentioned in exhibit -3 as Saddam Ali) and it was seized by PW 1 in presence of the said independent witnesses namely Sibu Ghosh (PW 4) and Sankar Roy (PW 5) in that night between 21:55 hours to 22:30 hours. Bundle of FICN was seized by PW 1 under a seizure list (exhibit -1) and the present appellant was arrested as accused in that night. During interrogation the accused confessed that all the seized notes are FICN and the same was procured from Indo -Bangladesh Border Area of Shashani under P.S. Baishnabnagar with a view to dispose of the same at Malda town area knowing that the notes are counterfeit Indian Currency Notes. The case was investigated by PW 12 A.S.I. Ranjit Das. After completion of investigation, he submitted charge sheet under Sections 489B/489C of the Indian Penal Code against this appellant as accused. Said material exhibit -I was examined at Currency Notes Press, Nashik Road, Maharashtra and it has been opined that the suspected notes are counterfeit notes as observed with the help of modern scientific instruments which has been mentioned in the report (exhibit -8).