In considering whether a reference should or should not be made under Section 307 of the Criminal Procedure Code, the trial Judge ought to consider not what the true and legitimate effect of the evidence in his view is, but whether on the evidence, as led in the case, the verdict of the jury was a possible verdict.

( 1 ) THIS is a reference under Section 307 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 3rd Court, 24-Parganas, upon a disagreement with a verdict of the jury who found two accused persons guilty of various offences concerning forged Pakistani notes. One of the accused, Anil Ranjan Dutta 'alias' Moni, was unanimously found guilty of charges under Section 120b, read with Sections 489b and 489c of the Indian Penal Code. He was also found guilty of specific charges under Sections 489b and 489c of the same Code. The other accused person, Rajendra Nath Jain, was found guilty of the same conspiracy charge and also of a charge under Section 489b. In his case also the verdict of the jury was unanimous. The learned Judge, however, was of opinion that the verdict was "unreasonable, unwarranted, perverse and against the weight of evidence", and accordingly he referred the case to this Court with the recommendation that the accused might be acquitted of all the charges framed against them.

( 2 ) THE prosecution case, in brief, was that on receipt of certain information from a secret agent that the accused Anil Ranjan Dutta was concerned in trafficking in forged Pakistani notes, the police arranged for a meeting with him through that secret agent. On the 31st December, 1950, a raid was organised and a party of policemen consisting of Amulya Ratan Dutta Ardhendu Sarkar and Puspa Pal, together with the secret agent and some constables, went to Vivekananda Road, where the accused Anil Ranjan was to be contacted at a shop situated at premises No. 224a on the said Road. The owner of that shop is the accused Rajendra. The prosecution case further is that Amulya Ratan posed as a purchaser of forged Pakistani notes and was introduced by the secret agent to Anil Ranjan as an immigrant from Dacca who wanted to make a purchase. After introducing Amulya to Anil Ranjan, the agent left the shop and thereafter negotiations proceeded between those two, Rajendra occasionally taking part. It is said that Amulya Ratan offered to buy forged Pakistani notes on payment of half their face value in Indian notes and that offer being accepted, Anil Ranjan suggested that Amulya Ratan should make a cash payment of at least Rs. 100/ -. It was farther suggested that Amulya Ratan should accompany Anil Ranjan to some place near Ganesh Talkies where the forged notes were to be supplied. Amulya Ratan was not Pre pared to take the risk of going to an unknown place and, on his intimating his disinclination some whispered conversation took place between Rajendra and Anil Ranjan whereafter Anil Ranjan left the shop and said that he would return after some time with the notes. Amulya Ratan waited till 5-30 but as Anil Ranjan did not still return, Rajendra told him to come next day in the morning and thereupon Amulya Ratan left the shop.

( 3 ) ON the next day, the same party of policemen went to the locality, but the secret agent did not accompany them this time and on having gone to the shop, Amulya Ratan again met Anil Ranjan. Anil Ranjan is said to have told Amulya that he had two bundles of forged Pakistani notes one of Rs. 1200/- and another of Rs. 200/- worth of notes and, therefore, he could give Amulya only the smaller bundle. On Amulva having agreed to buy the smaller bundle Anil, it is alleged, drew out the bundle from his coat pocket whereupon Amulya moveed his wrapper, as had been previously arranged as a signal to the other members of the police party to rush in. In the meantime, the bundle of forged notes was, placed on the 'gadi' in front of Rajendra. The police party, on seeing the signal given by Amulya, rushed in and they arrested both Anil and Rajendra. Thereafter, two search witnesses were called in and the shop was searched, but nothing incriminating was found in addition to the bundle of 200 forged Pakistani notes.

( 4 ) THE further case of the prosecution is that subsequently Anil led the police party to