Judgement

THAKKAR, J.:- Counterfeiters all over the world must be singing in ecstasy : "if there is heaven on earth, it is here, here, here, for, according to the Kerala High Court*1, Indian law does not make counterfeiting of currency notes of any country in the world. other than that of India, an offence.

* 1. Judgment and Order rendered by the Kerala High Court in Cr. R. P. 263 of 1975 on November 17, 1976, giving rise to the present appeal by certificate of fitness under Art. 134(1)(c) of the Constitution of India.

The High Court has persuaded itself by a process of judicial activism in reverse gear, that making of such counterfeit notes is not an offence under S. 489A of the Penal Code (I.P.C.) and that having in possession such counterfeit currency notes is not an offence under S. 489C of the I.P.C. Such a view has been taken even though there is nothing in the language of these sections to warrant such an interpretation as will become evident presently.

Facts : The six respondents herein were charged with offences punishable under Ss. 120B, 489A, 489B and S. 420 read with Ss. 511 and 34, IPC. The prosecution case against them was that in furtherance of a conspiracy entered into