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IN THE HIGH COURT AT CALCUTTA
TIRTHANKAR GHOSH, J.
Amijuddin Sk – Appellant
Versus
State of West Bengal - Respondent
CRA 651 of 2019
Decided on : 30-06-2021
Indian Penal Code, 1860 - Section 489B and 489C - Code of Criminal Procedure, 1973 - Section 313 - Offence of Using as genuine, forged or counterfeit currency-notes or bank-notes - Order of conviction - Appeal against - Alleged that carrying Fake Indian Currency Note ( “FICN”). After seeking verbal permission the informant along with force approached near spot at about 14.15 hours, when on seeing them, accused tried to flee away but after chasing him the raiding team was successful in apprehending him. After compliance with all formalities a search was conducted on said person and from him 350 (three hundred fifty) numbers of FICN, each note of Rs. 2,000/- denomination were recovered. On interrogation accused could not give any satisfactory answer however he said that he collected said FICN from a businessman of Kaliachak, Malda and supplied same to Farakka and its adjacent area. Accused was thereafter arrested and produced before Court.
Finding of the Court:
Prosecution has been able to prove charges under Section 489C of the Indian Penal Code. As far as the charges of Section 489B of the Indian Penal Code is concerned prosecution could neither produce any material nor any investigation was carried out regarding involvement of any other person in the offence, in fact prosecution case originates from factum that appellant was found along with FICN. Without any materials being collected or tendered in evidence there cannot be any presumption that petitioner was involved in selling, buying or receiving from any other person. Under Indian Penal Code each offence is distinct as well as mutually exclusive and as such different charges are framed. In order to bring home or prove charges under Section 489B of Indian Penal Code prosecution should have relied upon materials which could have connected present appellant with another person. No evidence has surfaced in this case regarding involvement of any other person except present appellant. Absence of the same the Court will not presume charges, so far as Section 489B of Indian Penal Code is concerned to be proved. Accordingly charge under Section 489B of the Indian Penal Code fails and conviction and sentence so imposed under the said charge is hereby set aside.
Result: C.R.A. partly allowed
JUDGMENT :
Tirthankar Ghosh, J:
1. The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 12.09.2019 & 13.09.2019 passed by the learned Additional District & Sessions Judge, 2nd Fast Track Court, Jangipur, Murshidabad in Sessions Trial No. 1(11)/2018 arising out of Sessions Case No. 94/2018, wherein the learned trial Court was pleased to hold the appellant guilty for commission of offences punishable under Section 489B and 489C of the Indian Penal Code and sentenced him to suffer as follows:
ii. Rigorous imprisonment for 5 years and fine of Rs.5,000/- I.D., to suffer further rigorous imprisonment for 3 months for the offence under Section 489C of the Indian Penal Code.
2. The prosecution case in short is as follows :
One Badal Mondal, Sub-inspector of police attached to Farakka Police Station addressed a letter to the Inspector-in-charge, Farakka Police Station to the effect that on 02.04.2018 at 13.55 hours in course of discharging vehicle checking duty at Khaira Kandi More near Mostofa Garden, vide Farakka PS MCC No.1183/18 dated 02.04.2018 and GDE No. 100 dated 02.04.2018, he received a source information that at New Farakka More a person was moving suspiciously allegedly carrying Fake Indian Currency Note (hereinafter referred to as “FICN”). After seeking verbal permission the informant along with force approached near the spot at about 14.15 hours, when on seeing them, the accused tried to flee away but after chasing him the raiding team was successful in apprehending him. After compliance with all the formalities a search was conducted on the said person named as Amizuddin Sk and from him 350 (three hundred fifty) numbers of FICN, each note of Rs. 2,000/- denomination were recovered. On interrogation the accused could not give any satisfactory answer, however, he said that he collected the said FICN from a businessman of Kaliachak, Malda and supplied the same to Farakka and its adjacent area. The accused was thereafter arrested and produced before the Court.
3. The Investigating Officer after completion of investigation submitted charge-sheet under Section 489B/489C of Indian Penal Code. The Investigating Agency in order to prove its case relied upon 10 witnesses and prayed before the learned court for trial of the accused. The case was finally transferred to the learned Additional District and Sessions Judge, 2nd Fast Track Court, Jangipur, Murshidabad and the learned Court after being satisfied with the supply of documents on which the prosecution intended to rely to prove its case, proceeded to frame charge against the present appellant under Section 489B/489C of Indian Penal Code. The charges were read over to the accused/appellant to which he pleaded not guilty and claimed to be tried.
4. The prosecution in order to prove its case relied upon 10 witnesses namely PW1, Sasti Sundar Singh; PW2, Md. Rafikul Hasan; PW3, Sk. Azad; PW4, Badal Chandra Mondal; PW5, Bhuban Chndra Karmakar; PW6, Raisal Sk; PW7, Akbar Sk; PW8, Ashok Kumar BN; PW9, Manaulla Sk and PW10, Binay Kumar Das.
5. The prosecution also relied upon number of documents, being the seizure list with signature of the appellant, arrest memo, the expert report, the sketch map of the area and also the letter of complaint.
6. PW1, Sasti Sundar Singh, is a constable attached to Farakka Police Station. He deposed before the Court that on 02.04.2018 he along with Constable Sk. Azad, Constable Rafikul Hossain, NVF Benoy Kumar Das and SI Badal Mondal were on vehicle checking duty and at about 14.00 hours on receipt of information they had been to New Farakka Junction and found one person moving suspiciously. The witness stated that Sub-inspector Badal Mondal collected two witnesses before reaching New Farakka Junction. According to him on seeing the pol
Possession of forged or counterfeit currency-notes or bank-notes - Conviction modified - Prosecution prove charges under S. 489C of IPC. As far as charges of S. 489B of IPC prosecution could neither ....
The judgment clarifies that mere possession of counterfeit currency does not equate to being a mastermind, and the role of the accused must be considered in sentencing.
The judgment clarifies that possession of counterfeit currency requires proof of knowledge or intent to use it as genuine for a conviction under IPC Sections 489B and 489C.
The court clarified that for a conviction under Section 489B, the charge must explicitly include elements of trafficking, which was not adequately done in this case.
The main legal point established in the judgment is that the failure to reframe the charges and give the appellants an opportunity to respond to the charges of trafficking or transportation of counte....
The conflicting interpretations of 'possession' and 'otherwise traffics in' in different judgments led the court to refer the issues to a Larger Bench for decision.
Mens rea is essential for conviction under Section 489C of the IPC; mere possession of counterfeit notes is insufficient without proof of knowledge or intent.
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