MILON BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Re: CRAN 3189 of 2017

(2.) Learned Advocate for the appellant vehemently contends that the prosecution has failed to prove the intention of the appellant and in absence of such intention the appellant should not have been convicted for the offence under Section 489C of the Indian Penal Code despite the factum of recovery of some fake Indian currency notes from the possession of the appellant. In support of his contention, learned advocate for the appellant has relied on a decision (Jiban Sasmal v. The State of West Bengal,1987 2 CalHN 430), wherein the Division Bench of this Court has held in paragraph 9 which is as follows:

(3.) Mrs. Sinha, learned advocate appearing on behalf of the State contends that there cannot any direct evidence with regard to the intention of the appellant but the evidence has to be gathered from attending circumstances. Mrs. Sinha draws the attention of this Court with regard to the intention of the present appellant, who has been examined as defence witness No. 2 in the trial Court. On scrutiny of the evidence of the appellant D.W. 2 it transpires that he had been to the shop for mortgaging two gold bangles. There is absolutely nothing in the evidence of the appellant to show that he had any sort of intention to use such fake currency notes which were recovered from the possession of the present appellant