IMPORTANT POINT
Discovery or recovery of new fact as a result of the disclosure, not in knowledge of police from before is admissible in evidence.

JUDGMENT

ARUN MISHRA, J.

1. The appeals have been preferred against the common judgment and order dated 28.5.2009 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in Criminal Appeal Nos.39/2006 and 40/2006 and other connected matters, thereby upholding conviction and sentence of the appellants for commission of offence under section 489C for 3 years’ RI, for section 489B read with section 120B IPC of IPC five years’ RI and fine of Rs.1000/-each; in default to further undergo one month simple imprisonment. Appellants Mehboob Ali and Firoz were convicted and sentenced under section 489B read with section 120B IPC for 5 years’ RI and fine of Rs.1,000/-; in default to suffer one month simple imprisonment. Other accused persons Liyakat Ali and Puran Mal were also convicted.

2. As per the prosecution case, on 6.1.2004 FIR No.459 of 2003 was registered at Police Station Ramganj, Jaipur in State of Rajasthan. From possession of accused Puran Mal, 5 currency notes of Rs.100 denomination were found. Three currency notes were of the same number. Remaining two currency notes also bore the same number which were apparently forged. He was arrested vide Memo P-6 and recovery memo P-7 was drawn. Case under section 489C read with section 120B IPC was registered. On interrogation Puran Mal informed that he had received the currency notes from Mehboob, Firoz and Ram Gopal. Mehboob and Firoz were arrested on information furnished by accused Puran Mal. From Ram Gopal’s house currency notes worth Rs.41,900/-were recovered from the possession of Puran Mal. Mehboob and Firoz informed the Police that they have obtained the currency notes from Anju Ali, and they would identify Anju Ali. They were taken to Delhi. On identification made by them Anju Ali was arrested and fake currency notes of the value of Rs.1,75,000/-were recovered from his possession. Anju Ali in turn informed that he used to receive the currency notes from accused Majhar. On the information and identification of Anju Ali, Majhar was arrested and on his search, fake currency notes of the value of Rs.48,220/- were recovered. Majhar in turn informed that he used to receive fake currency notes from Liyakat Ali. Liyakat Ali was arrested and from his possession currency notes of the value of Rs.2,39,500/-were recovered. Some semi-made currency notes of Rs.500 denomination and equipments for fabricating notes were also recovered from his possession and on the basis of the information furnished by him, additional forged currency notes of the value of Rs.2 lakhs were recovered from his Indica car.

3. The fake currency notes have been recovered from the possession of Puran Mal, Anju Ali, Majhar and Liyakat Ali. The recovered currency notes were sent to Indian Security Press, Nasik. Shyam Singh, PW-16, Manager of RBI stated that the seized currency notes were counterfeit. Report P-34 was submitted. The evidence with respect to how material was deposited in the store house had also been adduced by the prosecution. Reports sent by Security Press are exhibits P-46, P-47, P-48 and P-51. Raghuveer Singh, SHO, identified the articles recovered from Puran Mal, Anju Ali, Majhar etc.

4. Accused Mehboob was arrested vide memo P4. He submitted information vide Memo Ex. P41. Accused Firoz submitted information vide Memo Ex. P42 under section 27 of the Evidence Act. Both of them informed that forged currency notes were supplied to them by Usman Bhai and Anju Ali residents of Delhi, and they would identify them. The information was recorded by Raghuveer Singh, IO. He had taken the accused Mehboob and Firoz to Delhi. There both of them identified one Maruti car DL-3C-V-2927 in Street No.13, Seelampur, Delhi. They also identified the person who was sitting in the car as Anju Ali for which memo Ex. P16 was prepared and signatures of two witnesses Mukesh Yadav-PW13 and Vinod Sharma-PW11 were also obtained. Mahaveer PW24 accompanied Raghuveer Singh, IO. Vinod Sharma, PW11 though turned hostile, a