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2022 Supreme(Pat) 424

IN THE HIGH COURT OF JUDICATURE AT PATNA
CHAKRADHARI SHARAN SINGH and KHATIM REZA, JJ.
(8.8.2022)
Criminal Appeal (DB) No.18 of 2017
Jitendra Singh : Appellant
Vs.
State of Bihar : Respondent

Advocates appeared:
For the Appellant : M/s Ajay Kumar Thakur, Rajiv Ranjan.
For the Respondent: Mr. Ajay Mishra.

Headnote:

Indian Penal Code, 1860 – Sections 489-B/489-C read with Section 34 – Unlawful Activities (Prevention) Act, 1967 – Sections 16 and 17 – Seizure of counterfeit currency notes – Independent seizure list witness was an important independent witness to have stated truth at trial, who was withheld by prosecution – Prosecution witnesses are officials of A.T.S. who attempted to prove recovery of counterfeit currency notes from possession of appellant – Act on part of prosecution in withholding seizure list witness creates serious doubt in relation to manner of recovery and preparation of seizure list – Withholding of independent important witness, who according to prosecution was present at place of occurrence and who was a seizure list witness, raises reasonable suspicion – Prosecution failed to establish charge punishable under Section 489-C of I.P.C. against appellant beyond all reasonable doubts – Since conviction of appellant under Section 489-C itself is unsustainable, finding recorded by Trial Court of conviction of offence punishable under Section 489-B of I.P.C. and Section 16 of U.A.P. Act is also unsustainable – Appellant stands acquitted of all charges. (Paras 17 to 26)

Durga Prasad Gupta vs. State of Rajasthan, (2003) 12 SCC 257 – Referred.

CHAKRADHARI SHARAN SINGH, J.:–In the present criminal appeal, the sole appellant has put to challenge, the judgment of conviction and the order of sentence dated 18.11.2016 and 24.11.2016 passed by the learned Additional Sessions Judge-VIII, Patna in Sessions Trial No. 358 of 2015 as under:—

Conviction under Section

Conviction under Section

Sentence Fine (Rs.)

In default of fine

489-B of the Indian Penal Code

For life

7,50,000/-

3 years simple imprisonment

489-C of the Indian Penal Code

No separate punishment in the light of Section 71 of the Indian Penal Code

16 of the Unlawful Activities (Prevention) Act

 

10 years

10 years

1 year simple imprisonment

2. Ashwani Kumar Chaturvedi, a Sub-Inspector of Anti Terrorism Squad (“A.T.S.” for short) Varanasi, Uttar Pradesh is the informant (P.W.-2), whose written report is said to be the basis for registration of the first information report with A.T.S. Police Station, Patna as A.T.S. P.S. Case No. 02 of 2014 dated 16.10.2014 leveling allegation of commission of the offence punishable under Sections 489-B/489-C read with Section 34 of the Indian Penal Code and Sections 16 and 17 of the Unlawful Activities (Prevention) Act, 1967.

3. The prosecution's case, as unfolded in the said written report, is that the A.T.S. Uttar Pradesh, Lucknow Headquarters was getting continuous feedback regarding presence at large scale counterfeit currency notes in North India brought from Malda (West Bengal) via Bihar which were being used up in the Indian market. Thereafter, the informant was authorized by the Headquarter at Lucknow to collect further inputs. Accordingly, two personnel, namely, Head Constable Dhirendra Thakur (P.W.-3) and Junior Inspector Ranvijay Tiwari (not examined) were deputed to collect the information in this connection from Malda (West Bengal). In the night of 15/16.10.2014, the informant received an information from them that someone was likely to carry huge quantity of counterfeit Indian currency notes from Malda to Patna via rail. Based on the said information, the informant proceeded to Patna Railway Station with Sub-Inspector Alok Kumar Singh (not examined) in a government vehicle and driver Sushil Kumar (not examined). While leaving Varanasi for Patna via road, the informant instructed Junior Inspector Vijendra Rai (not examined), Commando Vinod Kumar Singh and Jai Prakash (not examined) to reach Patna Junction via rail. He also shared the information with the Inspector A.T.S. Patna, Md. Irshad Alam (P.W.-10) with a request to him to extend due assistance in the operation. Acting upon the information received from the informant, the Inspector Irshad Alam of A.T.S. Bihar (P.W.-10) asked Assistant Sub-Inspector Dhanraj Kumar (P.W.-5), Sub-Inspector Mintullha (P.W.-7), Junior Sub-Inspector (female) Sneha Kumari (not examined), Junior Inspector (female) Swati Singh (P.W.-1), Junior Inspector Ravikant Mishra (P.W.-9), Junior Inspector Chandan Ram (not examined), Junior Inspector Bhibhuti Kumar (P.W.-6), Junior Inspector Vikram Kumar (not examined) with driver Junior Inspector Birendra Singh (P.W.-8) to join Head Constable Dhirendra Thakur (P.W.-3) and Junior Inspector Ranvijay Tiwari (not examined) of Varanasi A.T.S., who had come from Malda for the joint operation. The A.T.S. Varanasi team and the A.T.S. Bihar team were present at platform No. 5 where the informant also reached. At 5:45 am, four persons deboarded Farakka Express, out of whom, two were males and two were females. The spy signalled towards the appellant, who was carrying a backpack, as the person who, according to the secret information, was in possession of counterfeit Indian currency notes. The spy thereafter left the place. The informant, though, requested various persons present there to assist the A.T.S. team in search and seizure after disclosing the purp

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