NANI GOPAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this criminal revisional application the petitioner challenged the legality and validity of the charge-sheet relating to the offence punishable under Sections 489A/489B/489C of the Indian Penal Code relates to G. R. Case No. 533 of 1997, now pending before the Learned Additional Chief Judicial Magistrate. Contai, arising out of Digha Police Station Case No. 20 of 1997.

(2.) Mr. Amartya Ghosh the learned Counsel appearing on behalf of the petitioner prays for quashing of the case on the following grounds;

(3.) On the other hand, Mr. Joy Sengupta, the learned Counsel for the State produced the Case Diary and submitted evidentiary materials collected against the petitioner during the course of investigation, prima facie establishes that the counterfeit notes in question were seized from the possession of the petitioner and it is he who tendered the notes to the shop-keeper for purchasing of cashew nuts. However, Mr. Sengupta, in his usual fairness submitted that there are no materials to show that the petitioner either engaged in manufacturing of the forged notes or in the process of manufacturing it. Lastly, Mr. Sengupta submitted that he has no objection, if there is a direction for expeditious conclusion of the trial and if the warrant of arrest is stayed for some time with a direction to the petitioner to surrender in the Court below.