DINESH KUMAR KHANNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Crl. Misc. No. 15994-M of 1999 filed by Dinesh Kumar and Crl. Misc. No. 15236-M of 1999 filed by Ajit Singh for the grant of anticipatory to them in case FIR No. 30 dated 29.4.1999 registered under Sections 489- B/498 C of the Indian Penal Code at Police Station Division No. 3, Ludhiana as both of them have arisen out of one and the same FIR.

(2.) The prosecution case in brief is that on 29.4.1999 SI Rajinder Singh of Police Station Division No. 3, Ludhiana was present in chowk Khudd Mohallia in connection with patrolling and Nakabandi. Some informer came to him and gave information that Dinesh Kumar Khanna resident of Petrol Pump, Jalandhar Bye-pass, Ludhiana and Ajit Singh son of Kartar Singh resident of House No. 6, Street No.3, Varinder Nagar, Bhaura, Ludhiana were dealing in forged currency notes and exchanging genuine currency notes against double the forged currency notes in association with some other companions of theirs and this activity was being on near Cycle Stand in CMC, Hospital Complex, Ludhiana and in case raid was conducted, Dinesh Kumar and Ajit Singh could be apprehended. On the receipt of this information, cases was got registered under Sections 489B/489C of the Indian Penal Code. 14 forged currency notes each of the denomination of Rs. 100/- were recovered from Pawan Kumar while 8 forged currency notes of the same denomination were recovered from Kamrujama. 6 forged currency notes of the same denomination were recovered from Sayyal Ali. On 2.5.1999, two forged currency notes of the same denomination were recovered from one Sohan Lal.

(3.) Learned counsel for the petitioner submitted that no offence under Sections 489B/489C of the Indian Penal Code can be said to have been made out because possessor should know or should have known or had reasons to believe that currency notes said to have been recovered from his possession were forged or counterfeit. It was submitted that it lay upon the prosecution to prove that at the time when the petitioner was apprehended with forged currency notes, he knew that they were forged. It was submitted that this case is the result of telegram dated 27.4.1999 to the higher authorities by the petitioner against the officials of the Police Station Division No. 3 as the son of Ajit Singh had illegally been detained by the police officials of Police Station Division No.3, Ludhiana. In support of his submission learned counsel for the petitioners drew my attention to the proisions of Sections 489B and 489C of the Indian Penal Code as also to Balraj v. State of Haryana,1988 1 RCR 418 where it was laid down that the mere possession of counterfeit currency notes by accused cannot fasten him with criminal liability. He must have knowledge that the notes were forged.