The judgment established the importance of consistent and reliable evidence in proving criminal charges. It also clarified the applicability of specific legal provisions to the accused's actions.

JUDGMENT

N.R. Borkar, J. - All these three Appeals are filed against the one and same judgment and order dated 30 January 2014 passed by the Special Court constituted under the National Investigation Agency (N.I.A.) Act of 2008 for Greater Mumbai in Sessions Case No. 674 of 2009. All these Appeals were therefore heard together and are being disposed of by this common judgment.

2. The Appellants, who were accused Nos.1 to 6 before the Trial Court were charged and tried for the offences punishable under Sections 489-B, 489-C, 489-E and 120-B of the Indian Penal Code, 1860 (IPC) and Sections 16, 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 (for short 'UA(P) Act').

3. By the impugned judgment and order, the Trial Court convicted the accused Nos.1 to 6:

(i) For the offence punishable under Section 489-B of the IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.1000/- each;

(ii) For the offence punishable under Section 489-C of the IPC and sentenced them to suffer imprisonment for 7 years and to pay fine of Rs.500/- each;

(iii) For the offence punishable under Section 489-E of the IPC and sentenced them to pay fine of Rs.100/- each;

(iv) For the offence punishable under Section 16(1)(b) of UA(P) Act and sentenced them to suffer imprisonment for life and to pay fine of Rs.1000/- each; and

(v) For the offence punishable under Section 18 of the UA(P) Act read with 120-B of the IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.1000/- each. The Trial Court, however, acquitted the accused Nos.1 to 6 for the offence punishable under Section 17 of UA(P) Act.

4. According to the prosecution, on 14 May 2009, PW-1 Sanjay Patil, who at the relevant time was working as Head Constable with Anti Terrorist Squad ( for short 'ATS'), received a secret information that on the same day at about 13.30 hours accused Nos.1 and 2 would be coming to deliver counterfeit Indian currency notes to accused Nos.3 and 4 near Star Cinema, Barrister Nath Pai Marg, Mazgaon, Mumbai. PW-1 took the said informer to Senior Police Inspector Shri.Khanwilkar and apprised him about the said information. He, thus formed a trap squad to apprehend the accused. The trap squad reached to the place disclosed by the informer at about 13.00 hours. At about 13.45 hours, accused Nos.1 and 2 arrived at the spot. After few minutes, accused Nos.3 and 4 came there. As the activities of accused Nos.1 to 4 were found to be suspicious they were encircled by the trap squad. Sr. PI Khanwilkar thereafter disclosed his identity to accused Nos.1 to 4. Two panch witnesses were then called. Accused Nos.1 to 4 were asked as to whether they wish to take personal search of trap squad and panch witnesses. The accused Nos.1 to 4 declined to take personal search of trap squad and panch witnesses. According to the prosecution, then personal search of accused Nos.1 to 4 was taken in presence of panch witnesses. During the personal search of accused Nos.1 to 4:

(i) 200 counterfeit currency notes of Rs.1000/- denomination of 2AQ and 8AC series were found in possession of accused No.1;

(ii) 100 counterfeit currency notes of Rs.1000/- denomination of 2AQ series were found in possession of accused No.2;

(iii) 23 counterfeit currency notes of Rs.1000/- denomination were found in possession of accused No.3; and

(iv) 22 counterfeit currency notes of Rs.1000/- denomination of 2AQ series were found in possession of accused No.4

5. According to the prosecution, accused No.1 during the course of investigation disclosed that he received counterfeit Indian currency from wanted accused No.7 Shaukat Shaikh, the resident of State of Jharkhand, for circulating in Mumbai market. He further disclosed that he had supplied counterfeit currency notes to accused Nos.5 and 6 for circulation in Mumbai market. Pursuant to said disclosure statement, accused Nos.5 and 6 were arrested on 23 May 2009. According to the prosecution, two counterfeit currency notes of Rs.1000/