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TIRTHANKAR GHOSH
Anikul @ Anikul Islam – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Tirthankar Ghosh, J. - The four appeals relate to cases registered under the provisions of Section 489B and 489C of the Indian Penal Code. In course of hearing of these appeals the interpretation of the term 'otherwise traffics in' used in Section 489B of IPC vis-a-vis the word 'possession' used in Section 489C of IPC fell for consideration and as such all the four appeals were taken up together. The facts of each appeal are briefly set out initially and thereafter the issues raised by the appellants and the State have been considered.
In Re: CRA 123/2019 with CRA 37 of 2019.
2. The facts of the case relate to Suti Police Station case no. 431/17 dated 08.08.2017 under Sections 489B/489C of the Indian Penal Code which was initiated on the basis of a complaint lodged with the Officer-in-charge, Suti Police Station by Ram Prasad Haldar, Inspector of Police attached to the same police station. It has been alleged that on 08.08.2017 at 15.45 hrs., a secret information was received that three persons are loitering at Chander More at the side of NH 34 for exchanging huge amount of forged currency notes. The said information was diarized and a team was formed which arrived at about 1
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.
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....
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 central legal point established in the judgment is the requirement to prove possession of forged currency notes, knowledge of their counterfeit nature, and intention to use them as genuine in ord....
The prosecution must prove beyond reasonable doubt that the accused had knowledge or reason to believe that currency notes were counterfeit to sustain a conviction under IPC Sections 489B and 489C.
unless the evidence adduced in the case is consistent only with the hypothesis of the guilt of the accused and is inconsistent with that of his innocence, the court should refrain from recording a fi....
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.
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