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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Prakash D.Naik, J.
Pramod Radhakisan Thakre – Appellant
Versus
State of Maharashtra – Respondent
Criminal Appeal No. 497 of 2019
Decided On : 04-02-2022
Counterfeiting - Indian Penal Code - Sec. 489-C - 489-A, 489-B, 489-C
Fact of the Case:
The appellant was convicted for the offence under Sec. 489-C of IPC for possessing counterfeit currency notes. The prosecution's case was based on the recovery of counterfeit currency notes from a shop and a car, and the appellant's ownership of the car. The appellant was acquitted for the offences under Sec. 489-A and 489-B of IPC. During the pendency of the appeal, the appellant preferred an application for suspension of sentence and grant of bail.
Finding of the Court:
The trial Court convicted the appellant for the offence under Sec. 489-C of IPC based on the recovery of counterfeit currency notes from the shop and the car, and the appellant's ownership of the car. The Court found that there was no cogent evidence to prove that the appellant was manufacturing or using currency notes. The Court acquitted the appellant for the offences under Sec. 489-A and 489-B of IPC. The High Court maintained the conviction but reduced the sentence to the period already undergone by the appellant.
Issues: The main issue was whether the appellant was in possession of counterfeit currency notes and whether there was sufficient evidence to establish his guilt under Sec. 489-C of IPC.
Ratio Decidendi: The Court found that the recovery of counterfeit currency notes from the shop and the car, and the appellant's ownership of the car, established his possession of the counterfeit notes. The Court also considered the evidence of witnesses and the statements recorded under Sec. 164 of Cr.P.C. in reaching its decision.
Final Decision: The High Court partly allowed the appeal, maintaining the conviction under Sec. 489-C of IPC but reducing the sentence to the period already undergone by the appellant. The appellant was directed to be released from prison upon depositing the fine.
JUDGMENT
1. This Appeal is preferred under Sec. 374 of Cr.P.C., challenging the judgment and order dtd. 15/3/2019, passed by the Court of Additional Sessions Judge-6, Nashik, in Sessions Case No.145 of 2009, convicting the appellant for the offence punishable under Sec. 489(c) read with 34 of Indian Penal Code ("IPC', for short), and sentencing him to suffer rigorous imprisonment for seven years and to pay fne of Rs.25,000.00, and in default, to suffer simple imprisonment for one year.
2. The case of the prosecution is as follows: Senior P.I. Mr.A.T. Powar attached to Gangapur Police Station, Nashik received information to the effect that some persons are indulging in counterfeiting the currency notes in a shop named as, "Mobile World' owned by one Sanjay Varma situated at D'souza Colony, Near Swami Samarth Chowk, Gangapur road, Nashik, and the counterfeit currency notes are being circulated. On receipt of the information, he summoned police offcers on 19/11/2008 and informed them about the information received by him. Panchas were called and they were appraised about the information received by him. Thereafter, the police offcers and the panch witnesses visited the said shop. One person who found present at the premises who disclosed his name as Sudhakar Pande (accused no.1) and currency notes having denomination of Rs.1000.00, and half printed notes of Rs.500.00 denomination were recovered from the said shop. The instruments, such as, Laptop, LCD, CPU, Laser Printer, xerox machine, lamination machines, paper cutter, ink bottle etc., were also seized and the pananchama in that regard was recorded (Exhibit-57). FIR was recorded with Gangapur police station vide C.R.No.I-226 of 2008, was registered on 20/11/2008. Accused Sudhakar Pande was arrested. During his custodial interrogation, he gave statement to the police recorded under Sec. 27 of Indian Evidence Act. He disclosed that Sanjay Varma and Pramod Thakre (appellant) hatched the conspiracy to counterfeit and circulate fake currency notes of the denomination of Rs.1000.00 and Rs.500.00, while they were in jail. The notes were counterfeited and kept in Zen Car. Accused Sudhakar Pande, took the police party to D'souza colony and showed the Zen car bearing No.MH-15/AF-5555, which was parked at the said place. On inquiry, the name and address of the owner of the car was disclosed as Pramod Thakre (accused no.3). The currency notes were kept under the back seat of car. There was a Saffron colour bag containing counterfeit notes and having stamp of Mobile World Shop. On search of the car, currency notes of denomination of Rs.1000.00, containing 900 notes were recovered and seized. The driving licence of accused no.3 was also recovered. Panchanama (Exhibit-76-A) was prepared. During the course of investigation, the recovered currency notes were sealed. Thereafter, the currency notes were sent to Forensic Science Laboratory for analysis. The report of FSL was received indicating that all the currency notes were fake. Accused were arrested. On completing investigation charge-sheet was fled for the offences under Ss. 489-A, 489-B and 489-C of IPC. The other accused are absconding.
3. Charge was framed by order dtd. 2/5/2015, under Sec. 489-A read with 34, 489-B read with 34 and 489-C read with 34 of IPC, against the appellant.
4. The prosecution has examined ten witnesses in support of the prosecution case.
5. Vide judgment and order dtd. 15/3/2019, the appellant was convicted for the offence punishable under Sec. 489-C read with 34 of IPC and sentenced to suffer imprisonment and pay fne, as stated hereinabove. The appellant was acquitted for the offence punishable under Sec. 489-A and 489-B of IPC.
6. During the pendency of Appeal, the appellant preferred Criminal Application No.486 of 2019, for suspension of sentence and grant of bail. This Court by order dtd. 25/6/2019, remanded the matter back to the Sessions Court for examining Kishor Gurav and Vasant Gite, as witnesses and to re
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.
The central legal point established in the judgment is the requirement to prove mens rea and the possession and use of counterfeit notes beyond reasonable doubt in cases involving offences under Sect....
The central legal point established in the judgment is the requirement to prove possession of forged currency notes, knowledge of their counterfeit nature, and intention to use them as genuine in ord....
The main legal point established in the judgment is the reliance on recoveries and expert testimony to establish guilt in counterfeiting cases, as well as the consideration of circumstances in senten....
Possession of counterfeit currency requires proof of knowledge or reason to believe the notes are counterfeit; evidence must be recorded accurately to ensure admissibility.
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
The main legal point established in the judgment is that the failure to reframe the charges and give the appellants an opportunity to respond to the charges of trafficking or transportation of counte....
Mens rea is essential for conviction under IPC Sections 489B and 489C; mere possession of a counterfeit note without intent or knowledge does not constitute an offense.
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