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2022 Supreme(Bom) 1187
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Prakash D. Naik, J.
Mohd. Luthpura Vajidali Shaikh & Ors. - Appellants
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 1138 of 2015
Decided On : 26-02-2022
Mr. Neville Deboo I/B. Mr. Abhay B. Bhoir, Advocate, for the Appellant; Mr. S.V. Gavand, APP, for the Respondent.
The main legal point established is the requirement of cogent evidence to prove possession of counterfeit currency notes under the relevant sections of the Indian Penal Code.
Headnote:
Counterfeit Currency - Indian Penal Code - Section 489-B, Section 489-C, Section 120-B
Fact of the Case:
The appellants were convicted for possession of counterfeit currency notes under Sections 489-B and 489-C of IPC. The prosecution's case was based on the recovery of counterfeit notes from the appellants and their associates.
Finding of the Court:
The court found that there was no evidence to establish the offence under Section 489-B of IPC against the appellants. The prosecution proved the offence under Section 489-C of IPC against appellant no.1, but the case against appellant no.2 suffered from serious infirmities and discrepancies.
Issues: The main issues were the possession of counterfeit currency notes by the appellants, the sufficiency of evidence, and the involvement of appellant no.2 in the offence.
Ratio Decidendi: The court acquitted both appellants of the offence under Section 489-B of IPC due to lack of cogent evidence. Appellant no.1 was convicted under Section 489-C, while appellant no.2 was acquitted due to serious discrepancies in the prosecution's case.
Final Decision: The conviction under Section 489-B was set aside, appellant no.1 was confirmed under Section 489-C, and appellant no.2 was acquitted under Section 489-C. The conviction and sentence under Section 120-B of IPC were also set aside for both appellants.
JUDGMENT
1. The appellants were convicted by judgment and order dated 7th December, 2015, passed by Additional Sessions Judge, City Civil and Sessions Court Greater Mumbai in Sessions Case No.399 of 2012, for the offences punishable under Sections 489-B and 489-C read with 120-B of Indian Penal Code ('IPC', for short). For the offence punishable under Section 489(B) of IPC, both the appellants were sentenced to stuffier imprisonment of 10 years and fine of Rs.25,000/-, each for the offence punishable under Section 489 (C) of IPC, they were sentenced to stuffier imprisonment for 7 years and fine of Rs.10,000/-, each. For conviction under Section 120 (B) of IPC, they were sentenced to stuffier imprisonment of one year and fin of Rs.3,000/- each. Both were acquitted of the offence punishable under Section 489 (A) of IPC.
2 The case of prosecution is as under:
(i) Information was received that three persons are likely to come at Nandi Gulli, Bandra (West) on 7th February, 2012 at 09:00 a.m. for circulating fake/counterfeit currency notes. Trap was laid and three persons were apprehended. They disclosed their names as Mohd. Mittu Dinesh Shaikh, Jiyaulhak Idris Shaikh and Mohd. Luthpur Mohd. Wajid Ali Shaikh. Panch witnesses were called. Personal search of Mohd. Muttu Danesh Shaikh was carried out and he was found in possession of 100 counterfeit notes in the denomination of Rs.1000/-. Personal search of Jiyaulhaq Idrish Shaikh resulted in 100 counterfeit currency notes in the denomination of Rs.1000/-. Search of Mohd. Luthpur Mohd. Wajid Ali Shaikh was conducted and he was found in possession of 100 currency notes in the denomination of Rs.1000/-. The currency notes were seized.
(ii) During investigation, accused Mohd. Mittu Danesh Shakkh (accused no.1) disclosed that three other associates are also coming to circulate money at Bandra. Trap was laid at Bandra and three more persons were apprehended on the spot. They disclosed their names as Mohd. Mujubal Abdul Gafur Shaikh, Tarifullah and Anwarabibi. Panchas were called on the spot. Personal search of accused Mujubul resulted in possession of 10 counterfeit currency notes in the denomination of Rs.1,000/- and 20 counterfeit notes in the denomination of Rs.500/-. During personal search of accused Tarifulla, 30 counterfeit currency notes in the denomination of Rs.500/-, were recovered. P.W.6 took personal search of Anwarbibi at beat chowky and she was found in possession of 30 counterfeit notes in the denomination of Rs.500/-. They were taken to office of DCB CID Unit - IX Bandra.
(iii) During investigation, accused Anwarbibi made voluntary statement on 7th February, 2012, that she is ready to show counterfeit currency notes. She led police to Antop Hill. She opened the room. All of them entered into the room MHADA, transept camp. They were taken to upper for room. She opened the room. They entered the room. She handed over plastic bag to police, containing 100 counterfeit currency notes in the denomination of Rs.1,000/-, and 50 counterfeit currency notes in the denomination of Rs.1,000/-. She disclosed that she and her husband Mujbhi and his friend Tariffiullah have brought the currency notes for circulation from West Bangal. Recovery panchanama was recorded.
(iv) After completing investigation, charge-sheet was fled against accused nos.1 to 6 for offences punishable under Sections 489-A, 489-B and 489-C, 120-B and 34 of IPC. The appellants are accused nos.3 and 6.
3 Accused nos.1, 4 and 5 are absconding. Charge was framed against accused no.3 and accused no.6 (appellants) under Sections 489-A, 489-B and 489-C, 120-B and 34 of IPC.
4 Prosecution examined 7 witnesses. P.W.1 Deepak Sawant is assistant police inspector DCB CID Unit IC Bandra, P.W.2 Dhirendra Rammurti Mishra, is the panch witness, P.W.3 Kupuswami Mukkan Harijan is the panch witness, P.W.4 Naruddin Talibuddin Shaikh is panch witness, P.W.5 Shrishilya Mahadeo Kole was police sub inspector attached to Bandra police station, P.W.6
