The importance of mens rea in offences under Section 489B and 489C of the IPC, and the interpretation of the phrase 'traffics' in Section 489B.

JUDGMENT

Bibek Chaudhuri, J. - Criminal Appeal No.461 of 2019 has been filed by Md. Saddam Hossain assailing the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track 2nd Court at Jangipur in Sessions Trial No.2(2)/2018 arising out of Sessions Case No.133 of 2017 thereby convicting the appellant for committing offence under Section 489B and 489C of the Indian Penal Code as well as Section 14 of the Foreigners Act and sentencing him to suffer rigorous imprisonment for seven years with fine and default clause for the offence punishable under Section 489B of the IPC. The above named appellant was also sentenced to suffer rigorous imprisonment for five years with fine and default clause for the offence punishable under Section 489C of the IPC. The appellant was also sentenced to suffer rigorous imprisonment for three years with a fine and default clause for the offence punishable under Section 14 of the Foreigners Act.

2. The jail appeal filed by Rubel Seikh assailing the judgment and order of conviction and sentence passed by the court below in the above mentioned case, is registered as Criminal Appeal No.479 of 2019. It is the case of the prosecution that on 29th July, 2017, a police party attached to Samsherganj P.S conducted raid at a place near Dhuliyan Ferry Ghat to work out on a source information. At about 4.30 pm they apprehended two persons on suspicion. A search was conducted and S.I Md. Meser Ali recovered two bundles of Fake Indian Currency Notes (FICN) containing 25 numbers of notes in each bundle of Rs.2000/- denomination from each of the said two apprehended persons. Both of them disclosed their names and identity as Md. Saddam Hossain and Rubel Sk. The Sub- Inspector of Police seized the FICN under proper seizure list in presence of the witnesses at the spot. The seized FICN were labeled and sealed at the spot. It is also learnt that Rubel Sk is a Bangladesh National and he entered Indian territory without any valid passport or visa. The above named accused persons were arrested and brought to the police station. S.I Md. Meser Ali Submitted a written complaint before the Officer-in- Charge of the jurisdictional police station and a case was registered against the above named appellants in Samsherganj P.S Case No.251 of 2017 under Section 489B/489C of the IPC and Section 14 of the Foreigners Act.

3. Subsequently, police submitted charge sheet against both the appellants under Section 489B/489C and Section 14 of the Foreigners Act.

4. The case was transferred to the court of the learned Additional Sessions Judge, Fast Track 2nd Court at Jangipur for trial. The learned trial judge on consideration of the charge sheet and other materials on record framed charge against both the accused persons under Section 489B/489C of the IPC and Section 14 of the Foreigners Act. Be it mention here that while accused Rubel Sk was charged for illegal entry into the territory of the Indian republic from Bangladesh without valid passport and visa, charge under Section 14 of the Foreigners Act was also framed against the accused Saddam Hossain for abating the offence of illegal entry by accused Rubel Sk.

5. In order to prove the charge against the appellants, prosecution examined six witnesses. Amongst them PW1 Sk. Yiasin Ali and PW5 Ananda Debansi are the constable of police attached to Samsherganj Police Station at the relevant point of time. PW3 Tapas Kumar Das is a home guard attached to Samsherganj P.S. PW4 SI Md. Meser Ali conducted raid, search and seizer in respect of FICNs and arrested the accused persons. He also submitted written complaint against the accused persons before the Officer-in-Charge of Samsherganj Police Station. PW2 Biswajit Ghoshal was posted as Sub-Inspector of Police at Samsherganj P.S on 29th July, 2017. He received the complaint from PW4.

PW6 SI Srimanta Kumar Dutta is the Investigating Officer of this case.

6. Series of documents, viz., written complaint, seizer list label,