Possession of a large quantity of counterfeit currency notes, concealed in a manner indicating active transportation, amounts to trafficking under Section 489B of the IPC.

JUDGMENT :

THOTTATHIL B. RADHAKRISHNAN, J.

1. These two appeals are by two out of the five accused persons who stood trial in Sessions Case No. 85(12) 08, CIS No. 222 of 2009 in Kasba P.S. Case No. 271(08) 08. They stand convicted and sentenced for committing offences found to be punishable under Sections 489B and 489C of the Indian Penal Code; for short, IPC; read with Section 34 of the IPC.

2. Charges were framed alleging commission of offences punishable under Sections 489B/ 489C and 120B of the IPC against all the accused persons. The court below found that the charge under Section 120B has not been established and in lieu of that, there are sufficient evidence, circumstantially, that the accused persons had the common intention and acted accordingly; and hence, Section 34 IPC is applicable. On such basis, they were found guilty of having committed offences punishable under Sections 489B/489C read with Section 34 of the IPC and were convicted. They were sentenced to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 8,000/- with default sentence of rigorous imprisonment for 3 months, for the offence found to be punishable under Section 489B of the IPC. They were sentenced to rigorous imprisonment for 6 years for offence found to be punishable under Section 489C of the IPC and to pay fine of Rs. 5,000/- with default sentence of rigorous imprisonment for 2 months. The sentences were ordered to run concurrently.

3. Heard the Learned Advocate appearing for the appellant in CRA 562 of 2018 and the Learned Advocate appearing for the appellant in CRA 592 of 2018. We have also heard the Learned Public Prosecutor and the Learned Additional Public Prosecutor.

4. The learned advocates appearing for the appellants impeached the findings of the court below on appreciation of evidence and resultant findings as to guilt. They further argued that, even assuming that the legal evidence on record inculpate the appellants, that could be only to the extent of the charge against them under Section 489C and not under Section 489B of the IPC. The conclusion of the court below leading to the conviction of the accused persons on both the counts are contrary to law and the reasons stated by the court below to hand down such order of conviction is unsustainable, it was argued.

5. The learned prosecutors supported the findings and verdict handed down by the court below and argued that necessary ingredients of section 489B have been established over and above the ingredients of section 489C and hence, the appeals be rejected.

6. On the basis of secret source information received on 30.08.2008, PW-1, the Sub-inspector made requisite diary entry to the effect that one Mokaram of Bongaon area, accompanied by two or three others, would come to Ruby Hospital at bus-stand in front of ECTP under Kasba P.S. for delivering Forged Indian Currency Notes (‘FICN’ in short) to his agents. PW-1, accompanied by PW-2 and PW-3, raided and apprehended the target persons with FICN. The seizures were witnessed by two independent persons in the locality, including PW-4. On the basis of the testimony of the witnesses, the raid, search and seizure were proved to the satisfaction of the court below. It was also supported by the evidence of the local witnesses regarding seizure. The articles which were seized and produced were proved. The court below rightly acted upon such evidence. PW-1 gave details about getting the source of information, the raid, recovery of FICN and attendant factors. He stated that he received information from a secret source. Corroborating materials, in the form of testimony of the policemen, are trustworthy. Having gone through the oral evidence, we do not see any material contradiction among any of the witnesses in relation to the information, raid and recovery of FICN. That search and seizure was followed by another raid on 03.09.2008. FICN were seized. The numbers and other details of the FICN are delineated in the judgment of the court be