GOPAL PRASAD, J.:–Heard learned counsel for the appellant and learned counsel for the State.

2. The appellant has been convicted for the offence under Sections 489(B) and 489(C) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years for the offence under Section 489(B) of the Indian Penal Code with fine of Rs.10,000/- and in default of fine he shall undergo rigorous imprisonment for one year. He has further been convicted under Section 489(C) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. However, it has been ordered that both sentences will run concurrently.

3. The prosecution case as alleged in the First Information Report is that the police on secret information that some persons dealing with trafficking of counterfeit notes talking about themselves proceeded and apprehended the appellant and from his possession currency notes of Rs.64,000/- were recovered and from perusal of those money it was learnt that out of currency notes of Rs.64,000/-, 26 notes were of 500 denominations amounting to Rs.13,000/- were counterfeit notes whereas 500 notes of 100 rupee denominations and one note of one thousand denomination total fifty one thousand were genuine. The seizure list was prepared in presence of the two independent witnesses with regard to recovered currency notes. The further case is that on inquiry about the money seized the appellant disclosed that he gets the money from Sajjan Paswan, Ram Balak Yadav and Nand Kishore and they had given the money and further disclosed that they used to deal with counterfeit notes and hence, the police lodged the First Information Report under Sections 420, 489(A), 489(B) and 489(C) of the Indian Penal Code on the self statement of informant Jagarnath Singh, S.I. The First Information Report lodged and after investigation the police submitted charge-sheet, thereafter cognizance was taken and case committed to the Court of Sessions. During trial seven witnesses were examined.

4. The trial court convicted the appellant taking into consideration the evidence of P.W. 5 Sudama Singh A.S.I., who supported the prosecution case about the recovery of Rs.51,000/- from the right pocket of the appellant, Rs.13,000/- from the left pocket of the appellant and a Nokia mobile and further taking into consideration the evidence of P.W. 6 that the appellant was apprehended and from his possession Rs.64,000/- was recovered and seizure list was prepared, which has been marked as Ext. 2. P.W. 7 S.I. has proved that there is recovery of Rs.64,000/- from the possession of appellant and there was recovery of 26 currency notes of 500 denomination amounting to Rs.13,000/- recovered from the possession of the appellant and it can well be presumed that the accused kept counterfeit notes and used them as genuine and so held the appellant guilty for the offence under Sections 489(B) and 489(C) of the Indian Penal Code.

5. Hence, the trial court taking into consideration the fact that the witnesses have proved that the appellant was apprehended with currency notes of Rs.64,000/- which has been recovered from his possession out of which Rs.51,000/- was recovered from his right pocket and Rs.13,000/- was recovered from his left pocket and with regard to the recovery seizure list was prepared before two independent witnesses and the other witnesses also supported the prosecution case about the recovery of 26 notes of 500 denomination from the possession of the appellant which were found to be counterfeit notes held that the prosecution has been able to prove the charge of recovery of 26 notes of 500 denominations from the possession of the appellant, which was found to be counterfeit notes and hence, it can be presumed that the accused has kept counterfeit currency notes to use them as genuine and was convicted under Section 489(B) and 489(C) of the Indian Penal Code.

6. Learned counsel for the appellant, however, contended that mere possession of the counterf

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