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2023 Supreme(Cal) 528

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Mohammed Majid – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For The Appellant : Mr. Jayanta Narayan Chatterjee, Adv., Mr. Supreem Naskar, Adv., Ms. Sreeparna Ghosh, Adv., Ms. Pritha Sinha, Adv., Mr. Rishav Ahmed Khan, Adv.
For the Respondent: Ms. Anasuya Sinha, Adv., Mr. Pinak Kumar Mitra, Adv.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The appellant, Mohammed Majid, was convicted under Sections 489A, 489B, and 489C of the Indian Penal Code for involvement in counterfeiting currency, with sentences of imprisonment and fines imposed (!) (!) .

  2. The prosecution's case was based on the recovery of counterfeit currency notes from the appellant's possession, supported by eyewitness testimony, seizure lists, and forensic reports confirming the notes were fake (!) (!) .

  3. The appellant was apprehended during a raid conducted after receiving source information about a fake currency dealer near AC Market, Khidirpur, and the seized currency was properly sealed, labelled, and identified in court (!) (!) .

  4. The evidence included the seizure of counterfeit notes in various denominations, forensic examination reports confirming the notes were counterfeit, and the appellant’s arrest and custody details (!) (!) .

  5. The defense challenged the applicability of some charges, the credibility of witnesses, and the legality of the proceedings, arguing that the prosecution failed to establish the appellant's involvement in counterfeiting or conspiracy beyond reasonable doubt (!) (!) .

  6. The court found that the evidence sufficiently proved the possession of counterfeit currency by the appellant, and the forensic reports supported the conclusion that the notes were fake. The court upheld the conviction under Section 489C but set aside convictions under Sections 489A and 489B, as well as the conspiracy charge under Section 120B (!) (!) .

  7. The court also noted that the appellant was not involved in manufacturing or trafficking the counterfeit notes and that there was no evidence of his active participation in counterfeiting beyond possession (!) (!) .

  8. The period of detention already undergone by the appellant was to be deducted from the sentence, and the order was modified accordingly to affirm the conviction under Section 489C only (!) .

  9. The judgment emphasized the importance of proper procedural adherence in the collection and presentation of forensic evidence, but confirmed the admissibility of the forensic report in this case (!) .

  10. The appeal was allowed in part, with the convictions under certain sections being set aside and the sentence modified, and the case was disposed of accordingly (!) .

Please let me know if you need further analysis or specific legal advice regarding this case.


JUDGMENT :

Md. Shabbar Rashidi, J.

1. The appeal is directed against the judgment of conviction dated November 11, 2021 and order of sentence dated November 14, 2021 passed by the learned Additional and Sessions Judge, Alipore, South 24Parganas in connection with Sessions Trial No. 5 of 2018 arising out of Sessions Case No. 44 (05) of 2018.

2. By the impugned judgment of conviction, the appellant was convicted for the offences punishable under Sections 489A/489B/489C of the Indian Penal Code. The accused Waseem Ahammed was, however, found not guilty of the charges. By the impugned order of sentence, the appellant was sentenced to suffer rigorous imprisonment for eight years and a fine of Rs.50,000/-and in default of payment of the fine to undergo further rigorous imprisonment for six months for the offences punishable under Section 489A of the Indian Penal Code. He was further sentenced to rigorous imprisonment for eight years and a fine of Rs. 30,000/-and in default of the payment to undergo rigorous imprisonment for a further period of six months for the offences punishable under Section 489B of the Indian Penal Code. The appellant was also sentenced to suffer rigorous imprisonment

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