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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
JOYMALYA BAGCHI, J.
Prabir Naskar & Another – Appellant
Versus
State of West Bengal & Another – Respondents
C.R.A. Nos. 9 & 135 of 2016
Decided on : 25-08-2017
CRIMINAL - APPEAL - CONSPIRACY - POSSESSION OF FAKE CURRENCY NOTES AND FORGED STAMP PAPERS - EVIDENCE - SEIZURE - IRREGULARITIES - LIVE LINK - EXPERT REPORT - SENTENCE.
Fact of the Case:
The appellants were convicted for commission of offences punishable under sections 120B/259/489C of Indian Penal Code and sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs.20,000/- each in default to suffer further rigorous imprisonment for six months each for offence punishable under section 120B of I.P.C., to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.1,00,000/-each in default to suffer further rigorous imprisonment for one year each for the offence punishable under section 259 I.P.C. and to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.1,00,000/- each in default to suffer further rigorous imprisonment for one year each for the offence punishable under section 489C of I.P.C. All the sentences are to run concurrently.
Finding of the Court:
The court found that the appellants were guilty of offences punishable under sections 120B I.P.C., 259/120B I.P.C. and 489C I.P.C. The court also found that the irregularities in the matter of custody of the FICNs or the fake stamp papers do not affect the live link between the articles seized from the possession of the appellants on the one hand to those examined by the expert on the other hand.
Issues: 1. Whether the evidence of the police witnesses ought to be believed as the independent witnesses have not supported the prosecution case? 2. Whether the search and seizure had not been conducted according to procedure established by law and that there is a snap in the live link between the articles seized and those which were examined by the expert? 3. Whether the appellants are guilty of offences punishable under sections 120B I.P.C., 259/120B I.P.C. and 489C I.P.C.?
Ratio Decidendi: 1. The court held that the evidence of the police witnesses is clear, cogent and convincing and they inspire confidence. On the other hand, the other witnesses appear to have been won over and are highly unreliable. 2. The court held that the irregularities pointed out in the matter of custody of the FICNs or the fake stamp papers do not affect the live link between the articles seized from the possession of the appellants on the one hand to those examined by the expert on the other hand. 3. The court held that the appellants are guilty of offences punishable under sections 120B I.P.C., 259/120B I.P.C. and 489C I.P.C.
Final Decision: The appeals are thus disposed of. Bail bonds of the appellants are cancelled and they are directed to forthwith surrender before the trial Court and serve out the remainder of the sentences imposed on them, failing which the trial Court shall take necessary step to execute the sentences in accordance with law.
1. Both these appeals are directed against judgment and order of conviction and sentence dated 29.12.2015 passed by Special Judge, CBI Court, Alipore, South 24 Parganas in Special Case No.12/12 (Barasat) arising out of Rajarhat P.S. case No.194 dated 15.6.2002 convicting the appellants for commission of offence punishable under sections 120B/259/489C of Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each and to pay a fine of Rs.20,000/- each in default to suffer further rigorous imprisonment for six months each for offence punishable under section 120B of I.P.C., to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.1,00,000/-each in default to suffer further rigorous imprisonment for one year each for the offence punishable under section 259 I.P.C. and to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.1,00,000/- each in default to suffer rigorous imprisonment for one year each for the offence punishable under section 489C of I.P.C. All the sentences are to run concurrently.
2. Prosecution case, as alleged, against the appellants is to the effect that on 15.6.2002 Ashoke Singha Roy (P.W.17), Circle Inspector of Police, Barasat, received information from S.I. Sankar Chowdhury (P.W.22), Officer-in-Charge of Baguihati Investigation Centre that one Sushil Haldar had been apprehended on the suspicion of using a fake hundred rupee note at the grocery shop of one Gour Haldar and on interrogation, he confessed that he had been given twenty Fake Indian Currency Notes (for short ‘FICNs’) by one Bapi @ Akhtar Ali Sarkar of Hatiara Mitra Para and he had already used fourteen of such notes and remaining FICNs were with him. S.I. Sankar Chowdhury (P.W.22) seized the said FICNs from Sushil Haldar and intimated the fact to P.W.17 who on receipt of the information proceeded to Hatiara Mitra Para to work out the same. Thereafter, the raiding party under the leadership of P.W.17 raided Bapi Jewellery Shop owned by Bapi @ Akhtar Ali Sarkar and in the course of such raid the following articles were recovered from a white coloured polythene bag kept in the said jewellery shop:-
1. 8 numbers of FICNs of Rs.500 denomination bearing Sl. No.3AH244282 and
2. 10 numbers of FICNs of Rs.100 denomination each bearing Sl. No.8EL565345 each.
3. Police seized the said articles and the accused Bapi @ Akhtar Ali Sarkar was arrested. He stated that he had received the FICNs from one Md. Ishaq Biswas @ Ichha and pursuant to his statement a raid was conducted at the rented house of Md. Ishaq Biswas @ Iccha where he was found, along with Sabir Ali Biswas, Abdul Salam and Reajur Mondal. The following articles were recovered from the house of Md. Ishaq Biswas:-
1. 45 pieces of forged Indian Non Judicial Stamp Papers of Rs.500 each.
2. 6 pieces of forged Indian Non Judicial Stamp Papers of Rs.1000 each.
3. 4 pieces of forged Indian Non Judicial Stamp Papers of Rs.5000 each.
4. 20 pages of forged Share Transfer Stamps of Rs.5, each page containing 100 pieces of stamps.
5. 65 pages of forged Foreign Bill Stamps of Rs.100 each page containing 90 pieces of stamps.
6. 187 pages of forged Broker’s Note Stamps of Rs.100 each page contains 100 pieces of stamps.
7. 6 Chambered Automatic Revolver of .38 bore made in Japan with 2 rounds of live ammunitions.
8. 29 pieces of FICNs, denomination of Rs.100 having each Sl. No.8EL565346 each.
9. 22 pieces FICNs of Rs.500 each having Sl. No.24E271847.
10.1 Steel Almirah.
4. Articles described in serial Nos.1 to 7 were recovered from a bag in the bedroom of Md. Ishaq Biswas @ Iccha as shown and handed over by him. Articles described in serial Nos.8 and 9 were recovered from his almirah. The accused Md. Ishaq Biswas @ Ichha was arrested. Ten numbers of FICNs were recovered from the shirt pocket of accused Sabir Ali Biswas, twenty-one numbers of FICNs of Rs.100/- denomination having serial No. 8EL 565346 were recovered from the shirt pocket of Abdul Salam a
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