IMPORTANT POINT
The judgment clarifies that possession of counterfeit currency requires proof of knowledge or intent to use it as genuine for a conviction under IPC Sections 489B and 489C.

JUDGMENT :

Tirthankar Ghosh, J.

The present appeal has been preferred against the judgment and sentence dated 18.02.2019 and 19.02.2019 passed by the learned Additional District and Sessions Judge, 3rd Court, Krishnagar in Sessions Trial No.3(10)/2018 arising out of Sessions Case No.274(9)2018, thereby convicting the appellants under Section 489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for four years and to pay fine of Rs.5,000/- i.d. to suffer S.I. for two months each.

2. The genesis of the case was on the basis of a complaint which has been submitted by Prokash Kr. Guha, Sub-Inspector of Police, attached to Kotwali P.S., Nadia with the Inspector-in-Charge Kotwali Police Station, Nadia, subsequent to which, Kotwali Police Station Case No.161 dated 06.05.2018 was registered for investigation under Sections 489B/489C of the Indian Penal Code. The allegations, as was made before the Inspector-in-Charge, were to the effect that on 06.05.2018 while the informant namely, Prokash Kr. Guha, S.I. of Police was performing his evening duty, he received information that illegal procurement and transportation of fake Indian currency notes may take place near Java Petrol Pump within the aforesaid police station. The informant communicated with the Inspector-in-Charge Kotwali Police Station and as per direction proceeded to work out on the information along with one constable and civic volunteer force. On reaching Java Petrol Pump in and around Lokenath hotel in front of Java Petrol Pump, they noticed that two persons were standing at Lokenath hotel. On being identified the raiding team became alert and followed them. The persons were detained and the raiding team disclosed their identity. Two persons being passersby were called and the detained persons were requested to search them. Thereafter search was carried on Sangram Sikdar @ Luchi and Rakesh Ghosh and after search, six FICN of denomination of Rs.2,000/- were recovered from the exclusive possession of Sangram Sikder and seven numbers of FICNs of denomination of Rs.2,000/- were recovered from Rakesh Ghosh. After seizure under proper seizure list and being signed by the witnesses and after compliance with the formalities, the accused persons were taken into custody and a request was advanced to the Inspector-in-Charge for registration of the case.

3. The investigation of the case was assigned by the Inspector-in-Charge to Sub-Inspector, Anup Kr. Samanta who investigated the case and after completion of investigation submitted charge-sheet being No.260 of 2018 dated 28.07.2018 under Sections 489B/489C of the Indian Penal Code before the jurisdictional court.

4. The case was thereafter committed to the court of sessions and subsequently the records were transmitted to the learned Additional District and Sessions Judge, 3rd Court, Krishnagar. The learned trial court was pleased to frame charges against the present appellants on 6th October, 2018 under Sections 489B & 489C of the Indian Penal Code. The contents of the charges were read over to the accused/appellants to which they pleaded not guilty and claimed to be tried.

5. The prosecution in order to prove its case relied upon seven witnesses which included PW-1, Prokash Kr. Guha, informant/S.I. attached to Kotwali Police Station; PW-2, Dayamoy Mukherjee, Constable and member of raiding party; PW-3, Mahadeb Das, Civic Volunteer and member of raiding party; PW- 4, Gorachand Adhikary @ Babulal, seizure list witness; PW-5, Swarajit Halder @ Chattu, seizure list witness; PW-6, Anup Kumar Samanta, S.I. attached to Kotwali Police Station and investigating officer of the case; PW-7, Sk. Ramesh, Manager Production in Bharatiya Reserve Bank Note Mudran (P) Limited, Salboni.

6. The prosecution in order to prove its case also relied upon number of documents which were marked as Exhibits which included the seizure list dated 06.05.2018 being exhibit-1; typed complaint, exhibit-2; memo of arrest of Sangram Sikdar @ Luch