KHURSHID AHAMED Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against an order of conviction and sentence under Sections 489B and 489C of the Indian Penal Code (for short IPC).

(2.) Heard the learned Advocate for the appellant and the learned Government Advocate.

(3.) The material evidence on record consists of the testimony of different witnesses and documentary evidence proving search, seizure and arrest. PW1, at the relevant point of time was posted as an Officer of the Terror Funding and Fake Currency Cell, National Investigation Agency New Delhi. He deposed that he obtained information from a source that some persons from Moradabad used to come to Kaliachawak and stay there and return after collecting Fake Indian Currency Notes (For short 'FICN'). On information, that one person came from Moradabad and is staying at Kaliachawak, PW1 reached Farakka on 14.10.2013 and stayed at NTPC guest house. On 16.1.2013, at about 6 P.M. he obtained information that the said person has collected FICN and is prepared to go to Moradabad. Following that, he along with SI Pradip Kumar Mishra (PW 10) and three constables arrived at Farakka railway station where B.K. Singh (PW7) who is an inspector with BSF and some force also arrived there. They discussed the action to be taken and identified the person on the basis of the source information. That person was cordoned and on interrogation he did not give any satisfactory answer. On search, in the presence of witnesses, 39 pieces of 1000/- denomination and 398 pieces of 500/- denomination FICN amounting to Rs. 2,38,000/- were recovered. Certain other articles including mobile phone, SIM cards were also recovered. The intercepted person disclosed to PW1 that he had come to collect FICN on the direction of Mustafa. PW1 also deposed that Mustafa is one involved in an NIA case in Hyderabad. The place of occurrence was near Farakka railway station in front of Hanuman temple. PW1 identified his written complaint and the seizure list prepared by PW7, the inspector of BSF which also bears the signature of PW1. The arrest memo, the requisition order given to the Farakka Police Station for assistance and other collected materials were also produced and proved. The seized FICN were identified.