IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V. SRINIVAS, J.
Puli Lakshmana Swamy and Others – Appellants
Versus
The State – Respondent
Criminal Revision Case Nos. 2012, 2014 of 2011
Decided On : 28-01-2025
JUDGMENT :
V. SRINIVAS, J.
1. Assailing the common judgment dated 26.09.2011 in Crl.A.Nos.9 and 11 of 2009 on the file of the Court of learned I Additional Sessions Judge, West Godavari at Eluru, confirming the conviction and sentence imposed against the accused Nos.1, 5, 6 and 8 by the judgment dated 18.12.2008 in S.C.Nos.368 of 2007 and 130 of 2008 on the file of the Court of learned Principal Assistant Sessions Judge at Eluru, for the charge under Section 489(C) of INDIAN PENAL CODE (hereinafter referred to as “IPC”), the petitioners/accused Nos.1, 5 and 8 filed the Criminal Revision Case No.2012 of 2011 as well petitioner/accused No.6 filed the Criminal Revision Case No.2014 of 2011 under Section 397 r/w.401 of the CRIMINAL PROCEDURE CODE , 1973 respectively.
2. These revision cases were admitted on 28.09.2011 and the sentence imposed against the petitioners was suspended, vide orders in Crl.R.C.M.P.Nos.3005 and 3008 of 2011, respectively.
3. The shorn of necessary facts are that:
i) On 01.09.2000 at about 07.30 p.m., P.W.1, who is an agricultural coolie presented a fake Rs.100/- currency note in the provisions store of P.W.3 and then P.W.3 questioned P.W.1 about the same. On the same day, P.W.1 lodged a complaint before I Town Police Station, Eluru and the same was registered as a case in Cr.No.197 of 2000 under Section 498(A)(B) of IPC and investigated into.
ii) Then P.W.14 seized two fake Rs.100/- denomination notes from P.W.1 under the cover of mediators report.During the course of investigation, on 02.09.2000 at about 10.00 p.m., police arrested the accused No.1 and recovered four Rs.500/- denomination fake currency notes and five Rs.100/- denomination fake currency notes under the cover of Ex.P.4 mediators report. On the same day at about 11.30 p.m., police arrested accused Nos.2 and 3 at Pedana and seized thirteen Rs.500/- denomination fake currency notes, five Rs.100/- denomination fake currency note from accused No.3 under the cover of Ex.P.5 mediators report.
iii) In pursuance of information given by the accused Nso.2 and 3, on the intervening night of 2/3.09.2000 at about 01.30 a.m., police conducted raid on the house of accused No.4 at Poranki, Krishna District, seized ten Rs.500/- denomination fake currency notes and ten Rs.100/- denomination fake currency notes from accused No.4 and also seized seven Rs.500/- denomination fake currency notes and six Rs.100/- denomination fake currency notes from accused No.5 under the cover of Ex.P.6 mediators report.
iv) On the information given by accused Nos.1 to 5, police conducted raid in the Arimboor House D.No.1/2-3-2, Mangalam Street, Wadakamchery village, Triruchur District, Kerala State and found accused Nos.6 and 8, seized seven bundles of Rs.500/- denominates fake currency notes, computers, scanners, printing material etc. under the cover of Ex.P.7 mediators report, they confessed that accused No.7 is the master mind behind the preparation of counterfeit currency notes and he (A.7) had taken fake currency notes worth of Rs.42,27,000/- to Vijayawada.
v) On that, on 06.09.2000 at about 08.00 a.m., police conducted raid on Room No.201 of Sangeetha Lodge, Vijayawada, arrested Accused No.7, seized counterfeit currency note bundles worth of Rs.41,27,000/- under the cover of Ex.P.8 mediators report.
vi) Accused Nos.6 and 8 are close associates of accused No.7 and they entered into an understanding with accused Nos.1 to 5 and 10 to supply counterfeit currency notes for exchange with genuine notes. In pursuance of the same, accused No.7 with the help of accused No.6 and 8 produced the counterfeit currency notes and supplied to accused Nos.1 to 5 and 10 for the purpose of circulation.
4. After completion of investigation, P.W.16-S.I. of Police laid charge sheet and the same was taken cognizance vide P.R.C.No.37 of 2002 on the file of Court of the learned II Additional Judicial Magistrate of First Class at Eluru and committed to the Court of Sessions and numbered as S.C.No.368 of 2007
State of Maharashtra v. Jagmohan Singh Kuldip Sing Anand
The concurrent findings by trial and appellate courts affirm the conviction under counterfeit currency charges, with modifications to sentences based on elapsed time and the health of the accused.
The court held that conviction for possessing counterfeit currency requires clear evidence of conscious possession and intent to use, which was unmet in this case.
An acquittal stands when the prosecution fails to establish guilt beyond reasonable doubt, particularly in cases involving counterfeit currency where witness inconsistencies are apparent.
Possession of counterfeit currency notes, along with intent to traffic, constitutes a violation of IPC Sections 489B and 489C, affirming the necessity of mens rea in such cases.
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
Criminal Law – Using as genuine, forged or counterfeit currency notes or bank notes – Appeal against conviction – Testimony of witnesses – Reliability of - Minor contradictions, inconsistencies, embe....
The judgment clarifies that possession of counterfeit currency requires proof of knowledge or intent to use it as genuine for a conviction under IPC Sections 489B and 489C.
The prosecution must prove guilt beyond reasonable doubt; lack of evidence and established contradictions led to the acquittal.
The possession of counterfeit currency notes, lack of explanation for such possession, and legal precedents establishing trafficking based on possession were central to the court's decision.
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