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

2. The appellant has been convicted under Section 489B of the Penal Code and sentenced to undergo rigorous imprisonment for ten years with a fine of rupees five thousand and, further, convicted under Section 489C of the Penal Code and sentenced to undergo rigorous imprisonment for five years and has, further, been ordered that for non-payment of fine shall undergo simple imprisonment for six month. It has, further, been ordered that all the sentences shall run concurrently.

3. The prosecution case, as alleged in the written report that secret information was received by the informant, Md. Parvez Ali, Officer-in-Charge of Nautan Police Station on 20.10.2008 that a Commander Jeep, bearing registration no. BR-05-AP-1851 is going from Telua to Bettiah on which a person, aged 55 years, dressed in dhoti and Kamiz is going with counterfeit notes. On the secret information, the informant along with Chowkidarm 5/4, Shambhu Yadav, Chowkidar 4/4, Ghora Yadav, Dafadar, Ashesher Yadav, Chowkidar and harendra Hajra, son of Bandhu Hajra proceeded to raid and reached village Jhakra Nautan Chowk and from there, at a distance of 100 yards north reached in an orchard and hide themselves. In the meantime, the Commander Jeep coming was asked to stop, 3-4 persons from the vehicle started fleeing away. The informant along with his party chased and caught hold one person, who disclosed his name as Munni Lal Sahni. Thereafter, in presence of two independent witnesses, Anil Ram and Dharmendra Paswan, search of Munni Lal Sahni was done and during the search a packet wrapped in lungi recovered from his shoulder and from the packet 180 notes of rupees five hundred denomination was recovered. On enquiry Munni Lal Sahni disclosed that these notes were counterfeit and has been given by one Manoj Prasad about one day prior with an instruction to take it to Bettiah Check Post. He, further, stated and disclosed that the person who have fled away were Hari Lal Sahni and Sipahi Sahni, both residents of village Telua, P.S. Nautan, who used to do the business of counterfeit notes and reside at the house of Hari Lal Sahni. One hundred and eighty counterfeit notes of rupees five hundred denomination were seized for which a seizure list was prepared and, thereafter, along with Munni Lal Sahni, the informant proceeded for further raid to village Dabaria and at the instance of Munni Lal Sah, Manoj Prasad was arrested. On the written report of the informant, the first information report lodged the investigation proceeded and charge sheet submitted for offence under Section 489B and 489C of the Penal Code, against Munni Lal Sahni, Manoj Prasad, Hari Lal Sahni and Sipahi Sahni and after investigation the charge sheet submitted against all the four accused persons case committed to the Court of sessions after taking cognizance and after commitment the trial proceeded after framing of charge.

4. During the trial, ten witnesses were examined by the prosecution and various documents proved as Exhibits, which are Exhibits 1 to 6.

5. The trial Court taking into consideration of the evidence of the witnesses convicted the appellant, but, acquitted the other three co-accused, Hari Lal Sahni, Manoj Prasad and Sipahi Sahni.

6. The learned counsel for the appellant has challenged the order of conviction and sentence recorded by the trial Court and it has been submitted that mere possession of counterfeit currency notes not an offence unless it is established that the appellant has mens rea and had both possession and knowledge or reason to believe that the currency note were counterfeit, which are the necessary ingredients to constitute offence. It is, further, submitted that there is neither any evidence that the appellant was using the counterfeit currency notes as a genuine where there is evidence that the appellant has possessed the counterfeit notes with a knowledge or reason to believe that the currency n

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