MEHEDI HASAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellants assailing the judgement and order dated 11th August, 2016 and 12th August, 2016 passed by the learned Additional Sessions Judge, Jangipur, Murshidabad in Sessions Serial case no. 222 of 2015 (Sessions Trial Case No. 01(08)/2015), whereby the learned Judge convicted the appellants for the commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-; in default to suffer simple imprisonment for 3 months for the offence under Section 489B of the Indian Penal Code and further sentenced the appellants to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 3000/-, in default to suffer simple imprisonment for 2 months for the offence under Section 489C of the Indian Penal Code and the sentences were directed to run concurrently.

(2.) The fact of the case in short is that on 17th February, 2015 one Sub-Inspector of Police, Sougata Ghosh lodged a complaint to the effect that on 16th February, 2015 at about 17.15 hours he received a source information that at any time in the afternoon one F.I.C.N. (Fake Indian Currency Note) dealer would come to any place of Farakka N.T.P.C. more area to circulate F.I.C.N. After receiving the said information Sougata Ghosh brought it to the knowledge of his superior and as per his direction Saugata Ghosh along with police force after diarising the information vide Farakka P.S. G.D.E. no. 965 dated 17th February, 2015 at 15.05 hours, started to work out the information. The Police Force reached Farakka Station more of NH 34 and placed them properly. At about 15.55 hours one person with an ash colour jacket came to the spot and had a talk with another person who came just after few second wearing a brown jacket. The police surrounded the said two persons. The de facto complainant disclosed his identity and identity of police team. The local people came to the spot and the police informed them about their purpose. But in spite of numerous request none of the local people agreed to come forward to remain present as witness. The place became empty within 2/3 minutes. The de facto complainant issued notice to the accused persons disclosing his willingness to conduct search the detained persons in respect of recovery of F.I.C.N. and told them that they (the apprehended persons) could search the police persons by themselves or by local persons as per their choice. But the said two persons declined to conduct search of police team. The two persons disclosed their identity as namely Sk.Morsalim and Mehedi Hasan. Thereafter, the de facto complainant searched the two apprehended persons in presence of available witnesses and recovered the following:-

(3.) After recovery on verification the notes were found not genuine Indian Currency Notes in respect of quality. On interrogation Sk. Morsalim stated that he collected the same from his Bangladeshi agent via one Ekramul of Siddik Master and he tried to push the said F.I.C.N. with the help of Mehedi Hasan to circulate the same to Indian market. Sk. Morsalim also admitted that those F.I.C.N. were pumped into India through Bangladesh Border by many people and circulate the same to the local market.