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IN THE HIGH COURT AT CALCUTTA
Debangsu Basak, Md. Shabbar Rashidi, JJ.
Sahidujjaman Sarkar @ Sahid, Rafikul Sk @ Hafij - Appellant
Versus
State Of West Bengal - Respondent
Criminal Appeal No. 93, 122 of 2021
Decided On : 01-02-2023
FAKE CURRENCY - POSSESSION - SEARCH AND SEIZURE - EVIDENCE ACT - SECTION 489B/489C/120B OF IPC - Two appellants were convicted under sections 489B/489C/120B of the Indian Penal Code for possessing and attempting to use high-quality counterfeit Indian currency notes as genuine. The court upheld the conviction based on the evidence of witnesses, seizure list, and analysis report from the Reserve Bank of India.
Fact of the Case:
On October 4, 2016, based on a source input, a police team intercepted two appellants at a belt shop in Kolkata. Upon searching their bags, the police recovered bundles of fake Indian currency notes in the denomination of Rs. 1000/-. The appellants also attempted to use fake notes to purchase belts from the shop. The seized notes were confirmed to be high-quality counterfeits by the Reserve Bank of India.
Finding of the Court:
The court found that the prosecution had proved beyond reasonable doubt that the appellants were in possession of a huge quantity of fake Indian currency notes and that they attempted to use them as genuine currency. The court relied on the testimonies of witnesses, the seizure list, and the analysis report from the Reserve Bank of India to uphold the conviction.
Issues: 1. Whether the search and seizure were conducted legally and in accordance with the provisions of Section 100 of the Code of Criminal Procedure? 2. Whether the prosecution had proved beyond reasonable doubt that the appellants were in possession of fake Indian currency notes and that they attempted to use them as genuine currency?
Ratio Decidendi: 1. The court held that the search and seizure were conducted in a public place in the presence of witnesses and that the appellants' signatures on the seizure list and the seized articles confirmed their involvement. 2. The court relied on the testimonies of witnesses, the seizure list, and the analysis report from the Reserve Bank of India to hold that the prosecution had proved beyond reasonable doubt that the appellants were in possession of fake Indian currency notes and that they attempted to use them as genuine currency.
Final Decision: The court dismissed both appeals and upheld the impugned judgment of conviction and order of sentence passed by the trial court.
JUDGMENT
Md. Shabbar Rashidi, J. - Both the appeals are directed against the judgment of conviction dated 12.01.2021 and order of sentence dated 19.01.2021 passed by learned Chief Judge, City Sessions Court, Calcutta in Sessions Trial No. 01(05)/2017 arising out of Sessions Case No. 11 of 2017 convicting the appellants under section 489(B) /489(C)/120(B) of the Indian Penal Code.
2. The fact of the case, in a nutshell, is that on 04.10.2016, the de facto complainant, a sub-inspector of police in Special Task Force, Kolkata received a source information to the effect that two Murshidabad based fake currency racketeers were going to move to Mumbai via Kolkata with huge amount of fake Indian Currency note. The source information also revealed that they were to meet their associates at around the crossing of M.G. Road and Rabindra Sarani. The information was conveyed to the superior officers of STF, Kolkata and a team to work out the information was formed consisting of the personnel of Special Task Force, Kolkata including the de facto complainant. The team proceeded to the area indicated in the information with investigation kit. They were keeping watch around since 12.45 hours.
3. At about 13.10 hours, a chaos came to the notice of the raiding party from a belt shop situated at 146/1 MG Road, P.S. Barabazar, Kolkata-700007. The raiding team along with the de facto complainant rushed to the shop. Incidentally, thereafter, the source identified the two persons engaged in the altercation at belt shop, one of whom was carrying one black and green coloured bag and another carrying one black coloured bag to be the racketeers whom the raiding team was looking for. Thereafter, the said persons were cordoned and the raiding team disclosed their identity. On enquiry, one Monohar Chawdhury disclosing himself to be the shop keeper of the said shop and informed the de facto complainant that on the said date i.e. 04.10.2016 at about 12.50/ 12.55 hours, the two detained persons came to his shop and asked for belts. The person carrying black and green bag chose a belt valued at Rs. 450/- and the second one, carrying the black bag, chose a belt valued at Rs. 420/-. In order to make payment, both of them separately tendered currency notes of the denomination of Rs. 1000/- which were found to be counterfeit notes in usual checking. The shop keeper returned the notes and asked for genuine notes but the two purchasers insisted on receiving the note already tendered by them for which a chaos ensued.
4. The person carrying the black-green coloured bag disclosed his name as Sahidujjaman Sarkar @ Sahid and the other person carrying black coloured bag disclosed his identity as Rafikul Sekh @ Hafij.
5. Thereafter, the raiding team requested the persons gathered there to be witness to search and seize whereupon the shop keeper Manohar Chowdhury and one Saqlan Khan agreed to be witnesses. After that the de facto complainant offered himself to be searched by the detainees, which was refused.
6. Thereafter, search was conducted on the person of the detainee Shaiduzzaman Sarkar and his black-green coloured bag also. On search, the said bag was found to contain a polythene carry-bag containing two bundles of Indian currency notes of the denomination of Rs. 1000/- containing hundred pieces and ninety-nine pieces each and were found to be high quality counterfeit notes. One piece of one thousand rupees Indian currency high quality counterfeit note was recovered on search of the person of the said Sahidujjaman Sarkar. The said one piece of one thousand rupees fake Indian currency note was recovered from the chest pocket of the shirt of the detainee which was tendered to the shopkeeper. Besides that, one mobile phone, one black money purse, e-ticket containing particular PNR number, Voter Identity Card and Rs. 1060/- of G.C. notes were also recovered from him. A total of two hundred pieces of Indian Currency notes of Rs. 1000/-denomination appearing to be high quality c
The prosecution had proved beyond reasonable doubt that the appellant was in possession of low quality counterfeit notes and that he had tried to use one of such low quality counterfeit notes to purc....
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.
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
Seizure offake Currency Notes – Mere possession of fake Currency Notes in absence of plausible reason to execute mal-intention with a guilty motive cannot be accepted.
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
Seizure of counterfeit currency notes – Disgrace of criminality is not to be inflicted upon in an individual which is crucial for maintaining public confidence in legal system.
The main legal point established in the judgment is that the prosecution must prove the case beyond reasonable doubt, and discrepancies in evidence, questionable seizure, and non-production of essent....
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