JUDGMENT :

Bibek Chaudhuri, J.

1. The instant criminal appeal is directed against the judgment and order of conviction and sentence dated 31st day of July, 2013 passed by the learned Additional Sessions Judge, 5th Court at Malda in Sessions Trial No.7 of 2013 corresponding to Sessions Case No.281 of 2012 arising out of Gazole Police Station Case No.292/12 dated 27th July, 2012 thereby convicting the accused/appellant under Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 1 (one) year and to pay a fine of Rs.1,000/-with default clause.

2. The brief fact of the case is as follows:-Police attached to Gazole Police Station received the information that four persons including the driver of a Bolero car bearing No.WB66-A/1627 was standing at Alampur Chiriadaha side and the movement of the said four persons was suspicious. The information was recorded in the general diary book of the police station and one Rasamay Paul, Assistant Sub-Inspector of police went to the spot to work out the said information. At Alampur they found one Bolero car in stationary condition by the side of the road. One person was sitting in driver’s seat. Police interrogated the said person. He failed to state the whereabouts of the passenger of the said car. A.S.I. Rasamay Paul conducted search of his person and recovered 12 pieces of fake Indian currency notes (FICNs) of 500/-denomination from his possession. The said FICNs were properly seized and labelled in presence of local individual witnesses. The said person was arrested and brought to the police station.

3. A.S.I. Rasamay Paul submitted a complaint to the Officer-in-Charge of Gazole Police Station, on the basis of which a case being Gazole Police Station Case No.292 of 2012 dated 27th July, 2012 under Section 489B and 489C of the Indian Penal Code was registered against the accused. The investigation of the case culminated in filing charge-sheet.

4. Since the charge-sheeted offence under Section 489B and 489C of the Indian Penal Code are exclusively triable by the Court of Sessions, the case was committed to the learned Sessions Judge, Malda. Subsequently, the case was transferred to the Court of the learned Additional Sessions Judge, 5th Court at Malda for trial. The learned Trial Judge on examination of the witnesses and the accused under Section 313 of the Code of Criminal Procedure found him guilty for committing offence under Section 489C of the Indian Penal Code and convicted and sentenced accordingly.

5. The said judgment and order of conviction and sentence is under challenged in the instant appeal.

6. During trial of the case, prosecution examined as many as 7 witnesses, amongst them except P.W.5 and P.W.6, all other witnesses are police personnel.

7. P.W.1 is the de-facto complainant. He stated on oath that on 27th July, 2012, the Officer-in-Charge of Gazole Police Station got a secret information that some people were suspiciously moving with a Bolero car near Alampur Chiriadaha, P.W.1 was directed to work out the said information. Accordingly, he went to Alampur and found one Bolero car in stationary condition with a person sitting in the driver’s seat. He introduced himself as the driver of the said vehicle but could not say about the whereabouts of its passengers. Then A.S.I. Rasamay Paul conducted search of his person and recovered 12 pieces of FICNs of Rs.500/-denomination each from the possession of the appellant. The FICNs were seized and lebelled at the spot in presence of independent witnesses. Then he lodged a written complaint against the accused and three other persons to the police station.

8. P.W.2, P.W.3 and P.W.4 who are also the members of police force corroborated the evidence of P.W.1. They stated on oath that they were also the members of raiding party.

9. P.W.5 and P.W.6 are the seizure witnesses who stated on oath that on 27th July, 2012 when he was returning home, he noticed a gathering near Alampur. Being curious he went to the place