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CALCUTTA HIGH COURT
Ananya Bandyopadhyay, J.
Imam Hossain @ Emam Hossain – Appellant
versus
State of West Bengal – Respondent
C.R.A. 19 of 2014
Decided on 22.4.2025
Indian Penal Code, 1860 – Section 489C – Criminal Procedure Code, 1973 – Sections 165(4) and 100 – Indian Evidence Act, 1872 – Section 27 – Seizure offake Currency Notes – Conviction and sentence – It was duty of officer who was conducting search and seizure should call upon two or more inhabitants of locality, or of any other locality if no such inhabitant of locality was available – It was not the case of prosecution that no inhabitant of locality was available to be witnesses and prosecution story suffered from an uncanny silence regarding explanation for citing calling witnesses from other localities – Such gross violation of procedural safeguards casts shadow of doubt on story of prosecution – Complainant and accompanying police officers in their secret mission could not cite any independent witness from locality surrounding place of occurrence – Mere possession of fake Currency Notes in absence of plausible reason to execute mal-intention with a guilty motive cannot be accepted – Prosecution fortified on confession of appellant which is legally discredited in view of Section 27 of Evidence Act – Specific question under Section 313 of Cr.P.C. was not directed to extract a reply as to whether he had knowledge counterfeit notes were in possession which he intended to avail of illegally for wrongful gain – Negative reply to such question could have entailed possibility of presumption and rebuttal – Prosecution cannot be said to have proved its case beyond reasonable doubt – Judgment of conviction and order of sentence set aside. (Paras 14, 19, 23, 24, 25 and 26)
Result: Criminal Appeal allowed. Appellant acquitted.
JUDGMENT
Ananya Bandyopadhyay, J.—This appeal is preferred against judgment of conviction dated 21.12.2013 and order of sentenced dated 23.12.2013 passed by Learned Additional Sessions Judge, 2nd Court, Malda in Sessions Case No.111/2013, corresponding to Sessions Trial No.16/2013 in G.R. Case No.5330/2012, arising out of Baishnabnagar P.S. Case No.307/2012 dated 11.12.2012, thereby convicting the appellant for commission of offence under Section 489C of the Indian Penal Code, 1860 and thereby sentencing the appellant to suffer rigorous imprisonment for 4 years and a fine of Rs.30,000/- in default to suffer rigorous imprisonment for a further period of 1 year for commission of offence under Section 489(C) of the Indian Penal Code.
2. The prosecution case precisely stated that complainant P.S.I. Bitul Paul attached to the Baishnabnagar P.S. arrested the appellant with two bundles of 200 pieces of Indian Fake Currency Notes of denomination of Rs.1000/- each along with one white colour poly carry bag and one red colour ZEN Mobile Phone fitted with Vodafone Sim Card being no.9734827499 with battery in running condition, one Voter Identity Card in the name of Imam Hossain, son of Majibur Rahaman, one Motor Cycle YAMAHAALBA 106 Black and Blue colour bearing registration no.WB66G/6187 and one Coffee colour full sleeve winter jacket which had been seized as alamat under proper seizure list. T complaint against the accused person named Imam Hossain stated that on 11.12.2012 at 13:15 hrs., on receipt of a source information of illegal procurement and transportation of large amount of FICN might occur through Telipara Ghat under Baishnabnagar P.S., the said fact was noted in General Diary vide G.D.E. No.449 dated 11.12.2012 and the matter was informed to the I.C., Baishnabnagar P.S. at 13:25 hrs. The complainant along with force of Baishnabnagar P.S. left Fort Telipara Ghat area in a Govt. vehicle bearing Registration no.WB24/1239 to act on the information, which referred to Baishnabnagar P.S. GDE No.450 dated 11.12.12 and at about 14:25 hrs., they reached near at Telipara Ghat Side and laid on ambush near around Telipara Bridge. At 15:05 hrs., they noticed one person coming from Deonapaur Side towards Telipara Ghat by motor cycle which was duly identified by the source. As he came near the police, he was restrained and detained and eventually disclosed his identity. Four available chance witnesses namely 1) Dibyendu Sarkar, son of Anil Sarkar of Sabdalpur, 2) Prokash Ch. Ghosh, son of Montu Ghosh of Nurnagar, 3) Lalchand Singh, son of Late Bhusan Singha of Sabdalpur and 4) Kalipada Mondal, son of Late Schindra Nath Mondal of Sabalpur, all of P.S. Baishnabnagar, District – Malda were summoned and on being asked the said detained person disclosed his identity. Observing all formalities, the complainant commenced search in respect of his person in presence of the said available chance witnesses. During search of Imam Hossain in respect of his person complainant recovered one bundle of Indian Currency which seemed to be fake in denomination valued of Rs.1000/- each total 100 pieces valued Rs.1,00,000/- (one lakh) and another bundle of Indian Currency seemed to be fake in denomination valued of Rs.1,00,000/- (one lakh) both wrapped in a white colour poly carry bag concealed in left side up-per inner pocked of the jacket worn by him and recovered red colour zen Mobile Phone fitted with Vodafone SIM Card no. 9734827499 and one voter Identity card in the name of Imam Hossain. On preliminary interrogation the accused person admitted that he procured or brought or trafficked the FICN from Sovapur Side in lieu of genuine Indian Currency to sell the huge amount of recovered FICN as genuine Indian Currency Notes at different places of West Bengal and other States for wrongful gain.
3. On the basis of the aforesaid complaint, the Police initiated Baishnabnagar P.S. Case No.307/2012 dated 11.12.2012 under Sections 489(B)/489(C)/120B of Indian Penal Co
Seizure offake Currency Notes – Mere possession of fake Currency Notes in absence of plausible reason to execute mal-intention with a guilty motive cannot be accepted.
The prosecution had proved beyond reasonable doubt that the appellant was in possession of low quality counterfeit notes and that he had tried to use one of such low quality counterfeit notes to purc....
The prosecution must examine all material witnesses to ensure a fair trial, and mere possession of counterfeit currency does not suffice for conviction without proof of intent to use it as genuine.
unless the evidence adduced in the case is consistent only with the hypothesis of the guilt of the accused and is inconsistent with that of his innocence, the court should refrain from recording a fi....
The main legal point established in the judgment is the inadmissibility of confessions made to police officers, the importance of independent witnesses, and the requirement of proving mens rea in cha....
Possession of forged or counterfeit currency-notes or bank-notes - Conviction modified - Prosecution prove charges under S. 489C of IPC. As far as charges of S. 489B of IPC prosecution could neither ....
The court ruled that possession of counterfeit currency notes does not alone establish guilt; intention to use them as genuine must be proven alongside accountability for their possession.
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 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....
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