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2016 Supreme(Cal) 738
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE
Ishan Chandra Das, J.
Swadhin Ghosh @ Swapan Ghosh - Appellant
Vs.
The State of West Bengal - Respondent
C.R.A.NO. 768 of 2014
Decided On : 27-01-2016
For the Appellants : Mr. Krishnendu Bhattacharya, Adv., Mr. Tapodip Gupta, Adv., Mr. Partha Sarathi Mondal, Adv.
For the State : Mr. Anand Keshari, Adv.
Mere possession of fake currency notes is not sufficient to constitute an offence under S. 489C IPC in the absence of 'mens rea'.
Headnote:
FAKE CURRENCY - POSSESSION - S. 489C IPC - Ingredients - Mere possession of fake currency notes is not sufficient to constitute an offence under S. 489C IPC in the absence of 'mens rea'.
Fact of the Case:
The appellant was found in possession of 42 fake Indian Currency Notes of Rs. 500/- denomination and was convicted under Section 489C of the Indian Penal Code.
Finding of the Court:
The court held that the appellant was in conscious possession of the fake notes, since he failed to justify the fact that he was entitled to have possession of huge amount of Rs. 21,000/-.
Issues: Whether the appellant was in conscious possession of the fake notes with an intention to use the same as genuine.
Ratio Decidendi: The court relied on the decision of the Hon'ble Supreme Court in Umashanker Vs. State of Chattisgarh (supra) and held that mere possession of fake notes cannot be said to be sufficient to constitute the offence or it cannot be said that the allegation of the offence punishable U/S 489C in proved.
Final Decision: The court dismissed the appeal and affirmed the judgment and order of conviction passed by the trial court.
Ishan Chandra Das, J.
This criminal appeal has been directed against the judgment and order of conviction, passed by learned Additional Sessions Judge, Fast Track Court – II, Jangipur, Murshidabad, in Sessions Serial Case No. 458 of 2013 (Sessions Trial Case No. 3 of December, 2013) where learned Trial Court found the appellant guilty of the offence punishable under Section 489C of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/-, in default to suffer simple imprisonment for 3 months, subject to set off in terms of Section 428 of the Code of Criminal Procedure.
2. Briefly stated, the case of the prosecution, as revealed from the First Information Report (Exhibit – 1), is that on 31st day of May, 2013 while the de facto complainant, Sub-Inspector Pradip Kr. Mishra of Farakka Police Station, (District – Murshidabad), being accompanied by some police personnel while on petrol duty, got information from a secret source that one local rowdy was moving in a suspicious manner after getting down from a Malda bound vehicle and he was apprehended by the de-facto complainant and he disclosed his name as Swadhin Ghosh of Bagdabra (P.S.-Farakka) and the de-facto complainant seized 42 pieces of Fake Indian Currency Notes, found from the right side pocket of his inner wear (Jangia). On interrogation he confessed that he was trying to introduce those fake Indian Currency notes as genuine in Jharkhand area and the appellant further admitted that he was waiting for any Bagdabra bound vehicle. The police arrested him at the spot, beside Koshalpur Bridge on N.H. 34, seized those fake notes on preparation of a seizure list in presence of the witness and ultimately he was brought before learned trial Court to answer the following charges:-
“First, – That on 30.05.2013 at about 23:55 hours at Khosalpur bridge beside N.H. 34 under P.S. Farakka 42 numbers of fake Indian Currency Notes of Rs. 500/- (five hundred) denomination each were brought by you for delivering the same to supply in other states knowing or having reason to believe the same to be forged and that you thereby committed an offence punishable U/S 489B within the cognizance of this Court.
Secondly – That on the same time, same place and same date you had in your possession forged Indian Currency Notes (I.C.N.), to wit, 42 numbers of fake Indian Currency Notes (I.C.N.) of Rs. 500/-(five hundred) denomination each amounting to Rs. 21 thousand knowing or having reason to believe the same to be forged and intending to use the same as genuine and that you thereby committed an offence punishable U/S 489C of IPC within the cognizance of this Court.”
3. The substance of accusation was read over and explained to the accused/appellant in Bengali language to which he pleaded not guilty and obviously he claimed to be tried.
4. In course of such trial, learned trial Court examined 9 witnesses altogether and on conclusion of trial, he found the appellant not guilty of the offence punishable U/S 489B of the IPC but found him guilty of the offence punishable U/S 489C of the code, convicted him & sentenced him to suffer rigorous imprisonment and to pay fine, as noted earlier.
5. Assailing the judgment and order of conviction, the present appeal has been preferred mainly on the following grounds:-
(1) The order of conviction and sentence were bad in law and not maintainable either in fact or in law.
(2) Learned Trial Court failed to appreciate the defence case, in its proper perspective and accepted the prosecution’s case arbitrarily and thereby caused failure of justice.
(3) Learned Trial Court failed to appreciate the evidence of hostile witnesses and registered the order of conviction against his client on the basis of surmise and conjecture and the same is liable to be set aside.
(4) Learned Trial Court also failed to appreciate the defence of the appellant as revealed from his statement while he was examined in terms of Section 313 Cr
