JUDGMENT :

Rohit B. Deo, J.

1. Criminal Appeal 43 of 2017 is preferred by accused A-1 - Sheikh Asif Sheikh Usmal and Criminal Appeal 2 of 2017 is preferred by accused A-2 - Abdul Khalik Sheikh Abaid Ali, who are convicted for offence punishable under section 489-B read with section 34 of the Indian Penal Code ("IPC") and are sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs. 10,000/- and in default to suffer simple imprisonment for six months, and are further convicted for the offence punishable under section 489-C of the IPC and are sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs. 10,000/- each and in default to suffer imprisonment for six months, vide judgment dated 16.5.2016 rendered by the Additional Sessions Judge, Wardha in Sessions Case 12 of 2015. Accused A-3 Mohammd Iqbal who also faced trial for the said offences, is acquitted.

2. I have heard the learned counsel Ms. Sweety Bhatia for the accused in Criminal Appeal 43 of 2017 and the learned counsel Shri Rajneesh Vyas for the accused in Criminal Appeal 2 of 2017 and the learned Additional Public Prosecutor Shri N.B. Jawade for the respondent/State.

3. The case of the prosecution, as is unfolded during the course of trial is that PW-1 - API - Nishikant Ramteke received secret information on 24.7.2015 that one slim person is coming towards Wardha railway station with one bag containing fake currency notes. PW-1 Nishikant informed his superior officer, recorded the information in the station diary, summoned two panchas and proceeded towards the Wardha railway Station in a private vehicle. In the interregnum, PW-1 also summoned a photographer and video recorder. PW-1 reached the Wardha railway station between 10.30 to 10.45 a.m. One person, who was identified as the suspect, came from the railway station and went towards Satkar Bhojnalaya. PW-1 and others entered Satkar Bhojnalaya and found the suspect sitting at one table. PW-1 approached the suspect with the panchas and introduced himself. The bag which was in possession of the suspect was searched and a bundle of currency notes of Rs. 500/- denomination was found wrapped in polythene bag. The bundle contained 385 currency notes. The suspect disclosed his name as Sheikh Asif Sheikh Usman R/o Pusad, District Yavatmal (A-1). He further disclosed that he procured the currency notes from West Bengal. PW-1 suspected that the notes are counterfeit currency and sealed them in the presence of panchas. Personal search of A-1 was taken and one mobile phone of Karbonn company, election card, railway ticket and clothes were seized. The sealed currency notes were seized and seizure panchanama was recorded.

4. PW-1 Nishikant then approached State Bank of India, Branch Wardha, and asked the manager to verify the genuineness or otherwise of the currency notes. The manager orally opined that the currency notes are counterfeit currency. The manager however expressed inability to opine in writing. The currency notes were again sealed. PW-1 returned to the Police Station and lodged report on the basis of which Crime 342 of 2014 was registered.

5. In view of the disclosure made by A-1 during interrogation, the police arrested accused Mohasin Khan from Pusad and accused Mohd. Iqbal - A3 from Amravati. While in custody, on 1.8.2014, accused 1 revealed the role of A-2 - Abdul Khalik. The Investigating Officer asked A1 to telephonically call A-2. Accordingly, A-1 called A-2 and during the conversation the mobile phone was on speaker and recording mode. The panchas were present. A-2 Abdul Khalik asked A1 - Sheikh Asif to deposit Rs. 40,000/- in his bank account and asked A-1 to meet him at hotel Banjara in Howrah-West Bengal. The memory chip was seized as evidence of the recorded conversation.

6. The Investigating Officer and his staff accompanied A 1 to Howrah. The Investigating Officer requested the jurisdictional police station for assistance, which was provided. The Investiga