SONU KUMAR JHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dated 21.12.2017 passed by the Court of the learned Additional district and Sessions Judge, FTC, 3rd Court, Malda convicting the appellant thereby for offence punishable under Section 489C of the Indian Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.10,000/- in default to suffer rigorous imprisonment for 6 months for committing an offence punishable under Section 489C of the IPC under Section 235(2) of the Code of Criminal Procedure, in Sessions Trial No.30(2)/2016 corresponding to Sessions Case No. 574 of 2015 arising out of G.R.Case no. 2910 of 2015 in connection with Kaliachak Police Station Case No.458 of 2015 dated19.08.2015 under Sections 489B/489C of the IPC.

(2.) The prosecution case in brief is that Pradip Kumar Sarkar, S.I. of Kaliachak Police Station, Malda, lodged an FIR to the effect that that on 19.08.2015 at about 13.45 hours he received a telephonic information from Field 'G' Team, Farakka, SHQ BSF Malda that a deal of Fake Indian Currency Note (FICN) would take place at Kaliachak Mini Market side and the BSF team asked for police help. Subsequently a general diary was entered by him and as per direction of the Inspector in Chargem, he along with other police officials left the police station to work out the information of the BSF team. The police team reached the area at about 14.10 hours. The complaint requested two disinterested witnesses to remain present during the operation and at 14.25 hours the source of BSF identified the person. The police officials immediately surrounded the person who was waiting with a schoolbag beside NH 34 in front of Kaliachak Mini Market to board a public transport. The suspect was detained by the police party and the suspect was invited to search the police personnel but the suspect refused to do so. Then, on search 243 pieces of Rs.1000/- FICNs amount to Rs.2,43,000/- and 99 pieces of Rs.500/- FICNs amounting Rs.49,500/- were recovered from the black coloured schoolbag of the suspect who on interrogation, disclosed about his involvement in the crime. The seizure list was prepared in presence of the witnesses maintaining legal formalities. The seized articles were labelled and suspect was arrested. The entire procedure was completed in between 14.40 hours to 16.40 hours.

(3.) On the basis of the said complaint, Kaliachak Police Station Case No.458 of 2015 dated 19.08.2015 under Sections 489B/489C of the IPC, 1860 was initiated against the appellant and after completion of the investigation, the Investigating Officer submitted charge-sheet under sections 489B and 489C IPC and on committal of the case to the court of Sessions, the learned Sessions Judge, Malda transferred the same for trial to the Court of the learned Additional District and Sessions Judge, F.T.C., 3rd Court, Malda.