MD. JAFUR UDDIN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.I.Uddain, learned counsel appearing for the appellant and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam.

(2.) For an offence U/S 489(C) Penal Code the appellant has been sentenced to rigorous imprisonment for five years with fine. The prosecution case is that on 9.2009 an Army Officer on a confidential information that the appellant was dealing with forged currency note, a search operation was conducted in the house of the appellant along with police personnel and during the search at about 23 hours 36 number of fake currency was recovered from the house of the appellant and thereafter the appellant was apprehended and was handed over to the police. The FIR was lodged accordingly which was registered as Dholai P.S.Case No. 50/2009 U/S 489(B)IPC.

(3.) On completion of the investigation the I.O. submitted charge-sheet against the appellant U/S 489(B)IPC. The learned lower Court after furnishing all the necessary copies U/S 173 (2) Cr.P.C committed the case to the Court of Sessions for favour of trial. The appellant stood the trial and pleaded not guilty to the charge U/S 489(B) Penal Code which was framed and explained to him. The prosecution examined seven witnesses to substantiate the charge including the official FSL expert. Plea of defence is that no search operation was made in his house and nothing was recovered from his possession and case was falsely filed against him. The statement of appellant was recorded U/S 313 Cr.P.C wherein he has stated that at the material time he was driver of Tata Sumo and while returning from Lakhipur on the way he found one Army Vehicle coming from backside. As the road was very narrow so he signalled the Army Vehicle not to over take his vehicle and thereafter Army Vehicle followed him and caused damaged to his vehicle with a lathi and subsequently Army personnel came to his house and apprehended him and handed over to police with a false ezahar.