JUDGMENT :

1. This appeal impeaches the judgment and order of conviction passed by the learned Additional District & Sessions Judge, 3rd Court, Barrackpore, 24 Parganas (North) in Sessions Trial No. 03 (10) 2015, arising out of S.C. 294 of 2015. By the impugned judgment, the learned Trial Court was pleased to record the order of conviction and directed the convict to undergo simple imprisonment for 5 years for committing offence under Section 489B of the Indian Penal Code with default clause and to undergo simple imprisonment for 5 years for the offence committed under Section 489C of the Indian Penal Code with default clause.

2. Briefly stated on 28th May, 2015, Sub-Inspector of Police Sanjib Das at about 11.35 hours went to Narayanpur West Beraberi, Methorpara to work out a source information. At about 12.05 hours, having reached at Narayanpur, he found one person who was surrounded by some frenzied people. He rescued the man from the clutches of those persons and came to know that the man came to the steel furniture shop near Titumir Sporting Club by riding a motor cycle without any registration number. He decided to purchase one Steel Showcase with Almirah at a price of Rs.8,000/- and paid eight currency notes having denomination of Rs.1,000/- each. The shop owner Yunus Ali of West Beraberi, however smelt a rat and requested the said person to change the notes which the man refused to do. Police was informed and they came.

3. The said person, being interrogated by S.I. Sanjib Das introduced himself as Md. Sahid and also admitted that he had in his possession fake currency notes and he used those notes as genuine. In presence of two independent witnesses, S.I. Sanjib Das conducted search of the person after offering himself to be subjected to search by the accused person. Md. Sahid searched SI Sanjib and his associate in the presence of police personnel but nothing was recovered. Thereafter, maintaining all formalities, S.I. Sanjib Das searched the person of Md. Sahid and recovered 42 numbers of Indian Currency Notes having denomination of Rs.1,000/- from a folio bag which was in the left hand of Md. Sahid. He recovered eight such currency notes, which Md. Sahid had given to the shopkeeper. As Md. Sahid failed to justify his possession in respect of those currency notes, police seized the currency notes including the mobile phone and the motor cycle in presence of the independent witnesses. Copy of the seizure list was given to the accused person. Police brought the accused person under arrest to the police station and the arresting officer informed the Officer-in-Charge of the Airport Police Station in writing about the entire incident.

4. The information since disclosed offence cognizable in nature, Airport P.S. Case No. 138/2015 dated 28th May, 2015 was registered under Sections 489B/489C/120B of the Indian Penal Code. Police took up investigation and submitted charge sheet against the accused person.

5. Trial commenced on 5th August, 2015 when charge was framed against the accused persons under Sections 489B/489C of the Indian Penal Code. The accused person stood the trial, pleading his innocence.

6. To crown success, prosecution examined as many as 7 witnesses. The learned Trial Court after considering the evidence on record both oral and documentary, was pleased to pass the judgment impugned.

7. Assailing the impugned judgment Mr. Pritam Roy, learned counsel for the appellant submits that the prosecution failed to prove the charges beyond reasonable doubt. The learned Trial Court passed the impugned judgment, which is but manifestation of misreading of evidence. My attention is drawn to the seizure list Ext.-3 and to the testimony of shopkeeper PW-6 Yunus Ali. PW-6 in his oral testimony claimed to have been given eight pieces of currency notes, having denomination of Rs.1,000/- each by the accused person and according to PW-6, police prepared a seizure list in respect of those eight notes. The seizure list Ext.-3, however, n