The prosecution must prove the search and seizure of the alleged fake currency notes beyond a reasonable doubt. The identification of the fake currency notes by the prosecution witnesses must be reliable.

Tapash Mookherjee, J.

The present appeal is directed against the judgment and order of conviction and sentence dated 08-08-2014 passed by the learned Additional Sessions Judge, 5th Court, Malda, in Sessions Trial No. 2 of 2014 (S.C. No. 448 of 2013). By the said judgment and order, learned Trial Court found the appellant guilty of the offence under Section 489C of I.P.C and sentenced him to suffer rigorous imprisonment for three years with fine of Rs. 2000/- i.d. rigorous imprisonment for six months more.

2. The facts leading to the appeal, in short, are as follows :

In the morning of 06-08-2013, Inspector, Himadri Bikash Chakraborty, in-Charge of Habibpur Police Station District: Malda, received an information from his secret source that a person, who was wanted in Habibpur P.S. Case No. 96 of 2013 dated 17-06-2013, was likely to travel by bus and reach Bulbulchandi Bus Stand to go to Dakshin Dinajpur. Immediately, after receiving such information, Inspector Chakraborty formed a team with some police personnel and proceeded towards Bulbulchandi Bus Stand. They parked the vehicle at Bulbulchandi Petrol Pump and thereafter went to the bus stand on foot. At about 11.15 a.m. they noticed a person getting down from a bus and on suspicion the person was apprehended. On asking, the person, thus apprehended, disclosed his name as Ratan Roy who happens to be the appellant in this appeal. The said Ratan Roy was searched and 55 numbers of currency notes of denomination of Rs. 500/- suspected to be fake currency notes were recovered from the left side pocket of his pant. The said currency notes had been seized through a seizure list in presence of the witnesses. After the completion of the aforesaid seizure, the police team returned to the police station and thereafter, Inspector Chakraborty submitted a suo motu written complaint narrating the aforesaid facts, on the basis of which, Habibpur P.S. Case No. 125 of 2013 dated 06-08-2013 under Sections 489B/489C of I.P.C. was started against the appellant, Ratan Roy and after investigation, charge-sheet under Sections 489B/489C of I.P.C. was submitted against the appellant.

3. After submission of the charge-sheet, the case was committed to the Court of the learned Sessions Judge, Malda, from where the case was ultimately transferred to the Court of the learned Additional District & Sessions Judge, Malda, for trial.

4. Considering the materials collected during the investigation, charges under Sections 489B/489C of I.P.C. were framed against the appellant. The appellant denied charges and pleaded his innocence.

5. Prosecution examined as many as 9 witnesses in the case. Prosecution also proved some documents. Defence tendered no evidences whatsoever. Considering the evidence thus produced by the prosecution, the Trial Court found the appellant guilty of the offence under Section 489C of I.P.C. and convicted the appellant accordingly and passed sentence as mentioned earlier.

6. Being aggrieved by and dissatisfied with such judgment of conviction and sentence, the convict, Ratan Roy, preferred the present appeal.

7. Mr. Mondal, learned Advocate for the appellant, argued that the search and seizure of alleged fake currency notes from the possession of the appellant has not been proved in the case and hence conviction of the appellant for the possession of fake currency notes is bad in law.

8. On the other hand, Mr. Keshari, learned Advocate, appearing for the State submitted that the fact of seizure of fake currency notes from the possession of the appellant has been proved in substance and contradictions pointed out by Mr. Mondal are either minor contradictions or latches on the part of the Investigating Officer which should be ignored.

9. One Subhash Das (P.W.1), a police constable posted at Habibpur Police Station, stated in his evidence that in the morning of 06-08-2013 he accompanied Inspector-in-Charge of the police station and others in a raid and during such raid, they arrested the prese