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2015 Supreme(Cal) 404
IN THE HIGH COURT OF CALCUTTA
Indrajit Chatterjee, J.
Mr. Rakesh Kumar – Appellant
Versus
The State of West Bengal – Respondent
C.R.A. 395 of 2014
Decided On : 22-09-2015
Advocate Appeared:
For the Appellant : Mr. Ayan Bhattacharjee
For the State : Mr. Manjit Singh, Public Prosecutor Mr. Anand Keshari
In a prosecution for possession and circulation of counterfeit currency notes, the prosecution must prove beyond reasonable doubt that the accused was in possession of the counterfeit notes and that he had the knowledge and intent to circulate them as genuine. The accused's possession of a large number of counterfeit notes may raise a presumption of knowledge and intent.
Headnote:
CRIMINAL LAW - COUNTERFEIT CURRENCY - POSSESSION AND CIRCULATION - KNOWLEDGE AND INTENT - EVIDENCE - SECTION 489B, 489C OF THE INDIAN PENAL CODE - ESSENTIAL INGREDIENTS - PROOF - INTERPRETATION - JUDICIAL PRECEDENTS - APPLICABILITY - FACTS AND CIRCUMSTANCES OF THE CASE.
Fact of the Case:
The appellant was convicted for possessing and circulating counterfeit currency notes of Rs.500/- denomination. The prosecution's case was that the appellant had given two fake notes of Rs.500/- denomination to the complainant in exchange for a packet of cigarettes. The appellant was apprehended by the police and 153 fake Indian currency notes of Rs.500/- denomination were seized from his possession. The expert's report confirmed that all the notes were counterfeit.
Finding of the Court:
The court held that the prosecution had proved beyond reasonable doubt that the appellant was in possession of counterfeit currency notes and that he had the knowledge and intent to circulate them as genuine. The court distinguished the present case from the precedents cited by the appellant, holding that the facts and circumstances of the present case were different and that the appellant's possession of a large number of counterfeit notes raised a presumption of knowledge and intent.
Issues: 1. Whether the prosecution had proved that the appellant was in possession of counterfeit currency notes? 2. Whether the appellant had the knowledge and intent to circulate the counterfeit notes as genuine? 3. Whether the precedents cited by the appellant were applicable to the present case?
Ratio Decidendi: 1. The court held that the prosecution had proved that the appellant was in possession of counterfeit currency notes based on the following evidence: a. The seizure of 153 fake Indian currency notes of Rs.500/- denomination from the appellant's possession. b. The expert's report confirming that all the notes were counterfeit. 2. The court held that the appellant had the knowledge and intent to circulate the counterfeit notes as genuine based on the following: a. The appellant's failure to provide any explanation as to how he came into possession of the counterfeit notes. b. The large number of counterfeit notes in the appellant's possession, which raised a presumption of knowledge and intent. 3. The court distinguished the precedents cited by the appellant on the ground that the facts and circumstances of those cases were different from the present case.
Final Decision: The court dismissed the appellant's appeal and upheld the conviction and sentence imposed by the trial court.
Indrajit Chatterjee, J.
This appeal has been preferred as against the judgment and order of conviction respectively dated 28-04-2015 and 29-04-2015 passed by the the then Additional District & Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Calcutta, in Sessions Trial No. 4(5) of 2013 arising out of Sessions Case No. 49 of 2012 in which the sole appellant was convicted in respect of the charge punishable under Section 489B and 489C of the Indian Penal Code (hereinafter called as the said Code).
The trial court was pleased to sentence the appellant to suffer rigorous imprisonment for five years and to pay fine of Rs.5000/- in default, to suffer rigorous imprisonment for one year for the offence punishable under Section 489B of the Code and the said appellant was also convicted in respect of the charge under Section 489C of the Code and was sentenced to suffer rigorous imprisonment for four years and to pay fine of Rs.2000/- in default, to suffer rigorous imprisonment for one year. The court, however, observed that both the sentences will run concurrently.
The case before the learned trial court was thus :-
That one written complaint was lodged by one Avishek Das with the Burtolla P.S. wherein he disclosed that he was the owner of a shop for selling Cigarette, Pan Masala etc. in front of 9, Sonagachi Lane, Kolkata-700 006 and that on the day of incident, i.e., on 06-03-2012 at about 7-30 p.m. one person aged about 35/40 years came to his shop and asked for one packet of “Flake Cigarette” and when the said de facto complainant gave him the packet, the accused handed over one note of Rs.500/- but that was not like on original note and the said de facto complainant demanded another note and the said man obliged by giving another such note which was also seemed to be unusual and the accused was again asked to change the same which made the accused angry and he started creating disturbance in the shop. Public gathered there including PWs 2 and 4. One police constable, PW 5, was passing thorugh that area and he came to the spot and thereafter the police station. PW 6 was then on patrol duty and here… one message over R.T and he went to the spot and apprehended the said person. The police searched and recovered 153 pieces of currency notes which appeared to be fake. All such notes were of Rs.500/- denominations and all those fake Indian currency notes were of 2FC series with different numbers. From the said accused, one driving licence standing in his name was also seized which showed that he was a resident of Jahangirpuri, Delhi – 110033. The articles were seized as per seizure list vide Burtolla P.S. G.D. Entry no. 617 dated 06-03-2012 on 06-03-2012 in between 20-30 hrs. and 23-00 hrs. from in front of “Ma Sitala Store” situated at 9, Sonagachi Lane, Kolkata –700 006. Along with all such notes, two pieces of Indian currency notes of Rs.500/- denomination were also seized. Those were also of the same series – 2FC bearing nos. 877818 and 884911 respectively.
One complaint (PW 1) was filed in English by the de facto complainant giving rise to Burtolla P.S. Case no. 92 dated 07-03-2012 under Sections 489B, 489C and 120B of the Code. After the registration of the case, the case was handed over to one Goutam Ruj of the said police station for investigation and during the course of investigation, he forwarded those notes to the expert for his opinion and the expert opined that all those notes were found to be fake.
After the investigation, the second Investigating Officer (PW 8) submitted charge sheet and the case was committed to the Court of Sessions which was ultimately decided by the learned trial court. I have already stated regarding the result of the criminal trial and the sentences clamped on the present appellant. Before the learned trial court as many as eight witnesses were examined including the de facto complainant, the seizure witnesses, the expert (PW 7), the Investigating Officers. The prosecution also proved sev
