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 counterfeit currency notes amounted to a mistrial.

JUDGMENT

Joymalya Bagchi, J. - With the consent of the parties, the appeal is taken up for hearing.

2. Appeal is directed against the judgement and order dated 6th September, 2018 and 7th September, 2018 passed by Learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad in Sessions Case No. 14 of 2017 and Sessions Trial No. 04(2) 2007 convicting the appellants for commission of offence punishable under Section 489B/489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay a fine of Rs. 20,000/-, in default to suffer simple imprisonment for two years more for the offence punishable under Section 489B. No separate sentence was imposed on the offence under Section 489C of the Indian Penal Code.

3. Prosecution case as alleged against the appellants is to the effect that on 19.09.2016 at around 14.30 hours S.I. Indranil Mahanto (P.W.1) along with P.Ws. 2, 4 and 5 went out of the police station on special mobile duty at Dhuliyan Ferry Ghat area where they found four persons were loitering suspiciously. They chased the miscreants and apprehended them. Number of local people assembled at the spot. They requested the local people to participate in the search but the local people refused. Upon search of the apprehended persons, 55 pieces of Indian Currency Notes suspected to be fake in denomination of Rs. 1000/- each wrapped in a plastic packet was recovered from the left side pocket of the trouser of Dolon Sk @ Tuhin along with some genuine cash; upon search of Mithu Sk, a poly bag containing 55 pieces of currency notes suspected to be fake in denomination of Rs. 1000/- each was recovered from left waist wrapped in his lungi; 50 pieces of Indian Currency Notes suspected to be fake in denomination of Rs. 1000/- wrapped in a plastic packet was recovered from the left waist in the lungi of Soni Sk. @ Titu and along with genuine cash and a plastic packet containing 69 pieces of suspected Indian Currency Notes out of which 29 pieces in denomination of Rs. 1000/- each and 40 pieces in denomination of Rs. 500/- each was recovered from the left waist of the trouser of Abu Sufiyan Sk. along with genuine cash. The total amount of currency notes suspected to be fake was valued at Rs. 2,09,000/- and genuine cash of Rs. 890/- was also recovered.

4. Upon questioning, they failed to explain the illicit possession of the currency notes suspected to be fake. Subsequently, they made confession that they had gathered for circulating the FICNs in the market as genuine with the help of others. Upon seizure of the aforesaid counterfeit notes, they were properly labelled and sealed. Appellants being Dolan Sk @ Tuhin, Mithu Sk, Sony Sk. @ Titu and Abu Sufiyan Sk were arrested and brought to the Samsherganj Police Station where P.W. 1 lodged written complaint resulting in registration of Samsherganj Police Station Case No. 363 of 2016 dated 19.09.2016 under Sections 489B/489C of the Indian Penal Code.

5. In the course of investigation, the seized counterfeit notes were sent for examination and upon receipt of report that the same were fake, charge sheet was filed. Charges were framed under Sections 489B/489C of the Indian Penal Code against the appellants. Appellants pleaded not guilty and claimed to be tried. In the course of trial, prosecution examined six witnesses and exhibited a number of documents. Defence of the appellants was one of innocence and false implication. On conclusion of trial, the trial Judge by the impugned judgment and order dated 6th September, 2018 and 7th September, 2018 convicted and sentenced the appellants, as aforesaid.

6. Learned Counsels appearing for the appellants argued that the ingredients of the offence punishable under Section 489B of the Indian Penal Code have not been proved. No evidence of selling, receiving or use of counterfeit notes as genuine has been established in the instant case. Trial Judge erred in law in coming to a finding that the appellants were gui