SUKHJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant alongwith Sukhchain Singh @ Channa was tried for committing offences punishable under Sections 489-B/489-C/472/120-B IPC on the allegations that on 14.1.2011, he was found in possession of counterfeit currency notes worth Rs.8.00 lacs and had also made a counterfeit number plate bearing No.PB-02BH-7689 in place of number plate bearing No.PB-02BC-7209 of stolen motor cycle make Bajaj Platina belonging to Mangal Singh.

(2.) The appellant was convicted for the offence under Section 489-C IPC and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. He was also convicted under Section 472 IPC and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months. Both the sentences were ordered to be run concurrently. The period already undergone by the appellant during the investigation/trial was ordered to be set off against the substantive sentence of imprisonment imposed upon him.

(3.) The case of the prosecution, in nutshell, is that on 14.1.2011, SI Nirmal Singh, who was present in the Office of State Special Operation Cell, Amritsar, received a secret information that accused-Sukhchain Singh @ Channa, who was confined in Central Jail, Amritsar, in a case involving counterfeit currency notes was maintaining relations with smugglers of Pakistan, and had been running the business with the help of his associates by obtaining the said notes from across the border and supplying the same to innocent persons. The appellant, who was one of his close associates was on that day present near bridge of canal minor on his motor cycle bearing registration No.PB-02BH-7689 make Bajaj Platina for striking deal involving counterfeit currency notes and in case a raid was conducted, he could be apprehended alongwith counterfeit currency. As the information received was found to be reliable, SI Nirmal Singh, informed Sh. Manminder Singh, PPS, SP, CID, Amritsar, about the same and under his instructions conducted a raid at the place disclosed by the secret informer. Before that, he sent a ruqa through Constable-Sukhwinder Singh to the State Special Operation Cell, Amritsar, on the basis of which, FIR No.3 dated 14.1.2011 was registered under Sections 489-A/489-B/489- C/420/120-B/411/472 IPC. After reaching the spot, SI Nirmal Singh found the appellant present there with motor cycle make Bajaj Platina of grey colour. The appellant tried to slip away by starting his motor cycle. However, he was overpowered by SI Nirmal Singh with the help of his fellow officials. The search of the bag of black colour carried by the appellant in his hand led to recovery of four bundles of currency notes of the denomination of Rs.1,000/- each. Three of those bundles contained 100 notes, while fourth bundle was found to contain 50 notes. The counterfeit currency was taken into possession. During the personal search of the appellant, currency notes of Rs.550/- were recovered from the pocket of his shirt and so also a mobile phone from the inner pocket of his jacket. Motor cycle make Platina bearing No.PB-02BH-7689 was also taken into possession. The appellant could not produce any document regarding ownership of the motor cycle.