IN THE HIGH COURT OF CALCUTTA
ANIRUDDHA BOSE AND SANKAR ACHARYYA, JJ.
Naidu Sk – Appellant
Vs.
The State of West Bengal - Respondent
Criminal Appeal No. 709 of 2012
Decided on : 01.10.2015
SANKAR ACHARYYA, J.
This appeal has been preferred by the sole appellant Naidu Sk challenging the judgment and orders of conviction and sentence passed by learned Additional District and Sessions Judge, Fast Track, 2nd Court, Malda in Sessions Trial No. 40 of 2011 arising out of Sessions Case No. 313 of 2011 convicting the appellant under Sections 489B/489C of the Indian Penal Code and sentencing him to suffer a rigorous imprisonment for ten years and to pay a fine of Rs.6000 in default, further rigorous imprisonment for six months for the offence punishable under section 489B, Indian Penal Code and also sentenced him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.4000 in default, further rigorous imprisonment for four months for the offence punishable under Section 489 C, Indian Penal Code. According to the impugned judgment both the sentences would run concurrently. Said judgment of conviction and sentence has been passed on 24.1.2012.
State respondent being prosecution in the Trial Court adduced oral evidence of 11 witnesses and documentary evidence such as-seizure list dated 9.5.2011 (exhibit-1), label of seized articles dated 9.5.2011 (exhibit-2), a written complaint dated 9.5.2011 (exhibit-3). Copy of G.D. Entry No. 545 dated 9.5.2011 of English Bazar Police Station of District Malda (exhibit-4), formal FIR (exhibit-5), a true copy of Government Notification No. 4282-PL dated 23.12.2009 vesting power on A.S.I. for police investigation (exhibit-6), a rough sketch map showing location of the place of occurrence (exhibit-7), the index of exhibit-7 (exhibit-7/1), opinion of expert (exhibit-8) and xerox certified copy of property register of English Bazar Police Station (exhibit-9). During trial prosecution also produced 100 pieces of currency notes of Rs.1000 denomination as Fake Indian Currency Notes (hereinafter called as FICNs in this judgment) as material exhibit-I collectively.
The case was initiated at English Bazar Police Station on 9.5.2011 against two persons namely Saddam Ali and the present appellant Naidu SK under Section 489B/489C of the Indian Penal Code as English Bazar Police Station Case No. 268 of 2011 dated 9.5.2011 on the basis of exhibit-3. Although the case was started against two accused persons at P.S. but subsequently, the case of Saddam Ali has been splitted up for hearing of his case before Juvenile Justice Board and the present appellant was tried before the learned Additional Sessions Judge, Fast Track, 2nd Court, Malda.
Prosecution case is that the PW 1 A.S.I. Anup Kumar Singha received a source information at English Bazar Police Station on 9.5.2011 at 8:15 P.M. that a deal of huge amount of FICN would take place at Gourbanga near Mohan Dhaba Hotel on NH 34. Instantly, PW 1 informed that matter to Inspector in charge (hereinafter called as I.C.) of English Bazar Police Station for further direction. Under order of that I.C., PW 1 along with A.S.I. Ranjit Das (PW 11), A.S.I. Kamalesh Joardar (PW 3), Constable Delwar Hosein (PW 2) and H.G.O. Abdul Barek (PW 9) left the P.S. to work out the information vide G.D. Entry No. 546 dated 9.5.2011, they reached at Gourbanga area and made contact with two disinterested witnesses requesting them to assist them during operation of the source information and taking them with the police team, they noticed two suspects were moving in front of Mohan Dhaba at Gourbanga in a suspicious manner. On identification by the source the members of police team surrounded the suspects on NH 34 near Mohan Dhaba at Gourbanga. On interrogation by police said two suspects disclosed their identity and police personnels also expressed their identity before the said suspects. PW 1 informed the suspects to search the members of the police party but the suspects refused. Then the police personnel searched the suspects and on search material exhibit-1 (bundle of FICN of Rs.1000 denominations) was found from the pocket of the appellant (mentioned i
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