JITENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present criminal appeal, the sole appellant has put to challenge, the judgment of conviction and the order of sentence dtd. 18/11/2016 and 24/11/2016 passed by the learned Additional Sessions Judge-VIII, Patna in Sessions Trial No. 358 of 2015 as under:- <FRM>JUDGEMENT_22_LAWS(PAT)8_2022_1.html</FRM>

(2.) Ashwani Kumar Chaturvedi, a Sub-Inspector of Anti Terrorism Squad ("A.T.S." for short) Varanasi, Uttar Pradesh is the informant (P.W.-2), whose written report is said to be the basis for registration of the first information report with A.T.S. Police Station, Patna as A.T.S. P.S. Case No. 02 of 2014 dtd. 16/10/2014 leveling allegation of commission of the offence punishable under Ss. 489-B/489-C read with Sec. 34 of the Indian Penal Code and Ss. 16 and 17 of the Unlawful Activities (Prevention) Act, 1967.

(3.) The prosecution's case, as unfolded in the said written report, is that the A.T.S. Uttar Pradesh, Lucknow Headquarters was getting continuous feedback regarding presence at large scale counterfeit currency notes in North India brought from Malda (West Bengal) via Bihar which were being used up in the Indian market. Thereafter, the informant was authorized by the Headquarter at Lucknow to collect further inputs. Accordingly, two personnel, namely, Head Constable Dhirendra Thakur (P.W.-3) and Junior Inspector Ranvijay Tiwari (not examined) were deputed to collect the information in this connection from Malda (West Bengal). In the night of 15/16/10/2014, the informant received an information from them that someone was likely to carry huge quantity of counterfeit Indian currency notes from Malda to Patna via rail. Based on the said information, the informant proceeded to Patna Railway Station with Sub-Inspector Alok Kumar Singh (not examined) in a government vehicle and driver Sushil Kumar (not examined). While leaving Varanasi for Patna via road, the informant instructed Junior Inspector Vijendra Rai (not examined), Commando Vinod Kumar Singh and Jai Prakash (not examined) to reach Patna Junction via rail. He also shared the information with the Inspector A.T.S. Patna, Md. Irshad Alam (P.W.-10) with a request to him to extend due assistance in the operation. Acting upon the information received from the informant, the Inspector Irshad Alam of A.T.S. Bihar (P.W.-10) asked Assistant Sub-Inspector Dhanraj Kumar (P.W.-5), Sub-Inspector Mintullha (P.W.-7), Junior Sub-Inspector (female) Sneha Kumari (not examined), Junior Inspector (female) Swati Singh (P.W.-1), Junior Inspector Ravikant Mishra (P.W.-9), Junior Inspector Chandan Ram (not examined), Junior Inspector Bhibhuti Kumar (P.W.-6), Junior Inspector Vikram Kumar (not examined) with driver Junior Inspector Birendra Singh (P.W.-8) to join Head Constable Dhirendra Thakur (P.W.-3) and Junior Inspector Ranvijay Tiwari (not examined) of Varanasi A.T.S., who had come from Malda for the joint operation. The A.T.S. Varanasi team and the A.T.S. Bihar team were present at platform No. 5 where the informant also reached. At 5:45 am, four persons de-boarded Farakka Express, out of whom, two were males and two were females. The spy signalled towards the appellant, who was carrying a backpack, as the person who, according to the secret information, was in possession of counterfeit Indian currency notes. The spy thereafter left the place. The informant, though, requested various persons present there to assist the A.T.S. team in search and seizure after disclosing the purpose of their operation, none of them except one Sudhir Kumar agreed to be the seizure list witness.