PIRTHI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Pirthi Singh, Auction Clerk of Municipal Corporation, Bathinda was tried by learned Additional Sessions Judge Bathinda for possession of Rs. 34,900/- counterfeit currency. The learned trial Judge passed judgment against Pirthi Singh on November 12, 2003, found him guilty for an offence under Section 489-C of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1000/-, in default of payment of fine he was further sentenced to undergo rigorous imprisonment for six months. Prithi Singh has filed this appeal to challenge his conviction and sentence.

(2.) The investigation against Pirthi Singh began on November 11, 2002 when S.I. Gulzar Singh (P.W. 7) alongwith other members of the police party was present at the Kotfatta bus stand and received secret information that Pirthi Singh dealt in fake and counterfeit currency and if he was arrested at the bridge of the Kotfatta drain, where he was present, fake .currency could be recovered from him. The case was registered and after associating Vijay Kumar, S.I. Gulzar Singh (P.W. 7) and ASI Fulvir Singh (P.W. 6) apprehended Pirthi Singh at the said bridge. Pirthi Singh's search was conducted and 349 notes of Rs. 100/- each were recovered. His further search also revealed a valid driving licence, an arms licence and a gold ring. The currency notes were sent to Reserve Bank of India for verification. The bank reported that the notes were forged notes. It was found that the paper was rough and thick, size of the notes was slightly shorter than that of genuine notes, colour of the notes was different, water mark was not available and the notes were photo copies. The recovery memo of these notes also showed that many notes bore the same number e.g. there were 13 notes bearing the same No. 6SG 333613 and 16 notes bearing No. 7SG 666317 etc. etc. After completion of investigation, Pirthi Singh was sent up for trial. At the trial charge was framed against the appellant under Section 489-C, IPC to which he pleaded not guilty and claimed trial.

(3.) The main witnesses examined by the prosecution were HC Manjit Singh (P.W. 1), HC Jagjit Singh (P.W. 2), Raj Singh Assistant Manager. Reserve Bank of India {P.W.3), ASI Baldev Singh (P.W. 4), HC Maghar Singh (P.W. 5), ASI Fulvir Singh (P.W. 6) and S.I. Gulzar Singh (P.W. 7).