AMIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Rashid, learned counsel for the accused-appellant and also heard Mr. K. Munir, learned Addl. Public Prosecutor, Assam.

(2.) Being dissatisfied with and aggrieved by the judgment and order dated 30.03.2009 passed by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldoi, in Session Case No. 53 (DM)/07, convicting and sentencing him to undergo R.I. for 7 years with fine of Rs. 10,000/- in default, to undergo further R.I. for 1 year under Section 489 (C) IPC, the appellant has filed this appeal under Section 374 (2) of the CrPC.

(3.) Adverting to prosecution case, as unfolded from the FIR, it may be briefly stated that on 31.08.2005, the then ASI of Mangaldoi Police Station, on receipt of a secret information, proceeded along with another police personnel namely, Shri Mahesh Nath accompanied by a section of CRPF personnel and conducted a search operation at about 11.00 A.M. in the bus named as Siva Sundar bearing registration No. AS-13/8073 at Tamulipara of Mangaldoi Town. The said bus was coming from Tezpur side towards Mangaldoi. During search operation, the accused-appellant was found sitting on a seat of the bus and beneath the seat of the accused-appellant, a plastic bag containing 45 Nos. of fake currency notes of 500 denominations wrapped with a polithyene concealed under husk along with one suspected rhino horn was recovered and seized from his custody. In this connection an FIR was filed which was received and registered as Mangaldoi P.S. Case No. 247/2005 under Sections 489 (A)/489 (C) IPC read with Section 51 of the Wild Life Protection Act. During investigation, the seized currency notes and the rhino horn were sent for forensic examination. It was returned with positive report in respect of the counterfeit currency notes and negative report in respect of rhino horn. The police, on completion of investigation, submitted charge sheet against the accused-appellant under Section 489 (A)/489 (C) IPC.