UMARDEEN AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The above mentioned appeals have been directed against the judgment dated 23.04.2008 rendered by learned Sessions Judge, Kapurthala whereby appellants -accused were held guilty for committing offence punishable under Sec. 489 -C of the Indian Penal Code (for brevity 'IPC'). Vide order on sentence of the even date, each one of the accused was sentenced to undergo rigorous imprisonment for a period of five years and a fine of Rs. 20,000/ -; in default of payment of fine, to further undergo rigorous imprisonment for one year each for the offence under Sec. 489 -C of the IPC.

(2.) At the very outset, I may make a mention that since Pal Ram son of Baggi Ram had died on 10.08.2014, therefore, proceedings against him were ordered to be dropped. Vide order of the even date.

(3.) Brief facts of the case are like this; that on 13.05.2005 at about 6.05 PM, ASI Opinder Kumar along with police officials was present at 'T' -point chowk, Boharwala, Khotran Road, Shiv Puri, Phagwara. A secret information was received that Umardeen, Pal Ram and Jagdish Chander were coming on motorcycle bearing No. PB -08 -L -3943 make Yamaha color black and were in possession of fake Indian currency notes for their distribution and were on the lookout for prospective buyers. In case, they are apprehended, fake Indian currency notes in huge quantity can be recovered. At this information, Naka was laid from the side of Dosanga Kalan Canal. One black color motorcycle was seen coming on which three persons were riding. After giving signal to stop, the aforesaid motorcycle was got stopped. Investigating Officer disclosed his identity. On enquiry, the person who was driving motorcycle disclosed his name as Umardeen. On his personal search, one packet of fake currency notes of the denomination of Rs. 100/ - was recovered. In that packet, 32 currency notes were of the denomination of Rs. 100/ - and carried identification number 6DG 186531; 29 currency notes of the denomination of Rs. 100/ - were carrying identification numbers 9FB 293677; two currency notes of the denomination of Rs. 100/ - carried identification numbers 6DD 186914; two currency notes of the denomination of Rs. 100/ - carried identification numbers 6DG 194999; two currency notes of the denomination of Rs. 100/ - carried identification numbers 6DG 194998 and two currency notes carried identification numbers 8HR 840419. The aforesaid recovered currency notes were taken into police possession, vide recovery memo.