Back
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
RAJASEKHAR MANTHA, J.
Jagannath Saha @ Rinku – Appellant
Versus
The State of West Bengal – Respondent
C.R.A. No. 243 of 2011
Decided On : 14-08-2019
Indian Penal Code, 1860 - Counterfeit Currency - Sections 489B and 489C - The court found the appellant guilty under Section 489B and 489C of the Penal Code and sentenced him to suffer 3 years and 3 months rigorous imprisonment under each section, to run concurrently and with a fine of Rs. 3000/- each. The court relied heavily on the evidence of PW-1 and PW-8, and the possession of the fake currency notes on the person of the appellant was also proved. The Trial Judge held that the accused had knowledge and was fully aware that the appellant was in possession of fake notes, establishing mens rea. The court also noted that the FIR was registered nearly 10½ hrs. after the arrest of the appellant and his brother, but considered it a mere irregularity. The possession of the fake currency notes and recovery thereof from the appellant has also been established under Section 489C. However, the mere possession of fake currency notes or even using them to traffic by itself will not constitute the offence under Section 489B and 489C of the IPC. The mens rea to possess and traffic the same needs to be established and determined. The court referred to previous judgments to emphasize the importance of proving mens rea in such cases.
Fact of the Case:
The appellant was found guilty under Sections 489B and 489C of the Indian Penal Code for trafficking and possession of counterfeit currency notes. The prosecution's case was based on the recovery of fake currency notes from the appellant's possession and the testimony of witnesses PW-1 and PW-8. Several witnesses turned hostile during the trial, and the defense argued that there were irregularities in the conduct of the investigation.
Finding of the Court:
The Trial Judge found the appellant guilty of offences under Section 489B and 489C of the IPC based on the evidence of possession of fake currency notes and the testimony of witnesses PW-1 and PW-8. The court held that the accused had knowledge and was fully aware that the appellant was in possession of fake notes, establishing mens rea. The court also noted that the FIR was registered nearly 10½ hrs. after the arrest of the appellant and his brother, but considered it a mere irregularity.
Issues: The issues revolved around the possession and trafficking of counterfeit currency notes by the appellant. The defense raised concerns about irregularities in the investigation and the conduct of the witnesses, some of whom turned hostile during the trial.
Ratio Decidendi: The court emphasized the importance of establishing mens rea in cases involving possession and trafficking of counterfeit currency notes. It referred to previous judgments to highlight the requirement of proving the accused's knowledge and awareness of the counterfeit nature of the currency notes.
Final Decision: The appeal was dismissed, and the appellant was sentenced to 3 years and 3 months rigorous imprisonment under each section, to run concurrently, and with a fine of Rs. 3000/- each. The court upheld the Trial Judge's finding of guilt based on the possession of fake currency notes and the establishment of mens rea.
JUDGMENT :
1. The instant criminal appeal is directed against the judgment and order of conviction dated 28.04.2011 and 29.04.2011 passed by the learned Additional Sessions Judge, Fast Track Court 1, Dinhata, Coochbehar in Sessions Trial No. 5(IX)/2010 arising out of Sessions Case No. 177/2010 convicting the appellant under Sections 489B and 489C of the Indian Penal Code, 1860.
2. By the impugned Judgment the appellant was found guilty under Section 489B and 489C of the Penal Code and sentenced to suffer 3 years and 3 months rigorous imprisonment under Section 489B of the IPC and 3 years and 3 months under Section 489C of the IPC, to run concurrently and with fine of Rs. 3000/- and fine of Rs. 3000/- with a default clause.
3. The prosecution case in brief is that on 30.08.2009, while the PW-1, ASI Gopal Chandra Mondal, was on mobile duty, he received information from sources, that a fake currency transaction was taking place in the midnight at Sahebganj Bazar at Dinhata in Coochbehar district.
4. The said PW-1, thereupon, went to Sahebganj Bazar at Dinhata and found the appellant, Jagannath Saha @ Rinku detained by local persons who complained that, the appellant-accused transacted a fake currency while paying the price of the jute that he bought from PW-4, Sanjoy Sarkar on the Friday immediately before.
5. The said PW-1 conducted a physical search of the body of the appellant and recovered 5 notes vide no. 5BS-661192, 5BS-670120, 5BS-670112, 5BS-669266 and 5AH-583001 of denomination of Rs. 500/- each, allegedly in Indian Currency and the said notes were seized, in presence of the PW-4 and 5. The said notes were fake according to the PW-1.
6. A seizure list was stated to have been prepared whereupon the appellant was arrested, and brought from the Sahebganj Bazar to the local B.S.F. Camp and then to Dinhata Police Station at about 3/3:30 hours in the night on 30/31.08.2009.
7. The F.I.R. was registered at about 12.20 P.M. on 31.08.2009. The accused was produced before the learned Magistrate concerned only on 01.09.2009 was ordered to be kept in Judicial Custody of 15 days. The police had prayed for 3 days of Police Custody which was declined since the I.O. was not present in Court, nor was the Case Diary produced.
8. The charge was framed on 10.09.2010. The prosecution examined the following witnesses:-
| PW-1 | ASI, Gopal Chandra Mondal. |
| PW-2 | Manju Saha, resident of the area and a cultivator. |
| PW-3 | Shyamal Das, resident of the area and a cultivator. |
| PW-4 | Sanjay Sarkar, resident of the area and a broker/ businessman (Thikadar). |
| PW-5 | Dilip Kumar Roy, resident and a cultivator. |
| PW-6 | Nirmal Roy, resident of the area and a cultivator. |
| PW-7 | Tapas Adhikari, resident and a cultivator. |
| PW-8 | S.I. Hemant Kumar Sharma, the Investigating Officer. |
9. PW-1, the A.S.I. Gopal Ch. Mondal, the complainant deposed that he was posted as duty officer in respect of the above incident and in the midnight of 30th/31st August, 2009 one person was detained by the local villagers. He immediately rushed to the spot at Sahebganj Bazar and found the appellant detained by local people. After that he conducted a search of the body of the appellant. He further stated that 5 such fake currency notes were recovered from the pocket of appellant by the Police. PW-1 further deposed that he interrogated the appellant whereupon he was informed that the appellant procured the notes from his brother Subrata Saha @ Tinku for using the same as genuine. The seizure list, according to him, was prepared in accordance with law. The minor irregularities in delay lodging of the F.I.R. cannot be fatal to a proceeding under Section 489 of the Penal Code. He further stated that he identified in Court the said notes that bore the signature of appellant on the reverse side. He deposed that he arr
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
