Trafficking of fake currency notes is a serious offense that damages the backbone of the Indian economy and may be linked to terrorist activities and drug smuggling.

Siddhartha Chattopadhyay, J.

1. Having lost the legal battle before the learned Trial Court, the convict/appellant preferred this appeal challenging the judgment dated 07.01.2014 and order of conviction dated 08.01.2014 passed by the Additional Sessions Judge, Fast Track 3rd Court, at Malda in S.T. 12 of 2013.

2. Scenario of the case has to have narration. On 30.11.2012, on the basis of a source information members of the raiding party went to Laxmipur Kata Bandh under Baishnabnagar P.S. as per order of I.C. Baishnabnagar P.S. and reached to the spot at or about 13:25 P.M. There was positive information that there transportation of huge amount of Fake Indian Currency Notes might take place through that place. In course of duty at 15:55 hours the said source noticed that two persons were coming from Mondai side on foot in a suspicious manner and both of them were carrying a shoulder bag on their backs. The members of the police personnel became alert and encircled them and after disclosing their identity detained them there. They also called two local passers-by. On being asked, the said detainee disclosed their identity. After observing all formalities the police recovered three hundred pieces of Fake Indian Currency Notes of denomination of Rs. 1000/- each and that was carried by Vijoy Kumar. Fake Indian Currency Notes about three hundred, denomination of Rs. 500/- each were also recovered from Narendra Prasad, who claimed to be a resident of Bangalore Rural, Karnataka. Members of the police personnel also recovered Black Berry mobile set fitted with Airtel Sim card and also another mobile set fitted with two Sim cards of Idea from the pocket of the accused Narendra Prasad. Members of the raiding party recovered two railway tickets which speaks that they have boarded in the train from Yesvantpur Jn. and reached at Howrah. Bus tickets were also recovered. On interrogation they admitted that they procured Fake Indian Currency Notes from Mondai to use the same as genuine at different places of Bangalore and Karnataka for their wrongful gain. Accordingly, members of the raiding party arrested them and after seizure they were brought to the local police station, where the formal F.I.R. was lodged by P.S.I. Bitul Pal. In this way, law was set into motion.

3. After the registration of F.I.R., the Investigation Officer has taken up investigation. In course of investigation, the said officer has recorded statement of the witnesses under Section 161 of Cr.P.C. collected the seized articles and sent the same to R.B.I. Salbani Mudran Limited, for their opinion. After getting opinion from Salbani Mudran Limited the Investigating Officer has submitted charge-sheet under Section 489B and 489C of the Indian Penal Code.

4. The defence case as it appears to me from the trend of cross-examination and examination of the accused under Section 313 of the Cr.P.C. is his innocence and that he has been falsely implicated.

5. It appears from the L.C.R. that the learned Trial Court has framed the charges under Section 489B/489C of Indian Penal Code against the appellant Narendra Prasad and the said charge was read over and explained to him, to which he pleaded not guilty and claimed to be tried. It is pertinent to mention that another accused Bijoy Kumar took the plea of juvenile in conflict with law and after ascertaining his age learned Trial Court came to the finding that the said Bijoy Kumar is juvenile in conflict with law and so he was being tried by the Juvenile Justice Board after splitting up the record.

6. In course of trial learned Trial Court has recorded the evidence of prosecution witnesses, examined this appellant under Section 313 of Cr.P.C. and on completion of trial passed the judgment holding the accused Narendra Kumar as guilty.

7. At the time of argument learned Counsel appearing on behalf of the appellant contended that the learned Trial Court failed to appreciate the evidence of prosecution witnesses, which according to him is