IMPORTANT POINT
The court established that mere possession of counterfeit currency does not equate to being the mastermind behind the crime, warranting a reconsideration of sentencing.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the Judgment and order of Conviction and sentence dated 15.03.2019 and 18.03.2019 passed by the learned Additional District & Sessions Judge, 3rd Court, Krishnagar, Nadia in Sessions Trial No. 2(09)/2018 arising out of Sessions Case No. 236(8) of 2018, wherein the ld. Trial court was pleased to convict the appellants under Sections 489C of the Indian Penal Code and sentenced them to suffer R.I. for four years and to pay fine of Rs. 5,000/- i.d., S.I. for two months.

2. That Kotwali P.S. case No. 125 of 2018 dated 17.04.2018 was registered for investigation under Sections 489B and 489C of IPC against the appellants Mithun Chakraborty and Pradip Ghosh on the basis of an information submitted by one Ripon Deb, Sub-Inspector of Police of Kotwali P.S. to the Inspector in charge of Kotwali P.S.

3. The allegations made in the complaint was that on 16.04.2018, while the informant along with force were on patrolling night duty, vide GDE No. 1047 dated 16.04.2018 at about 4.30 hours, a secret information was received by him that illegal procurement and transportation of fake Indian currency notes may take place at Saktingar Panch Matha More. As such, the said information was sent to the Inspector in charge of Kotwali P.S. and, as per his directions a raiding team was constituted to work out the information. At about 4.50 hours, the raiding team reached Saktingar Panch Matha More area and noticed that two persons were standing at Saktingar Panch Matha More.

4. On being identified by source, the two persons were followed, surrounded and detained. The raiding team offered for being searched, but in spite of the offer, the two persons declined to search the police party and thereafter, the police searched Mithun Chakraborty, from whom six number of fake Indian currency notes were seized from his right pocket and from the other person/accused, namely, Pradip Ghosh, four number of fake Indian currency notes were seized from the left side pocket of his pant. Each counterfeit notes were of Rs.2,000/- denomination and the accused persons brought the same from Chapra to circulated them at Krishnagar area as genuine.

5. The FICN were seized under proper seizure list duly signed by the witnesses labeled and the accused were arrested under proper seizure memo. The informant, thereafter, requested the Inspector- in-charge to register the case.

6. Pursuant to the aforesaid information, Kotwali P.S. Case No. 125/2018 dated 17.04.2018 was registered as stated earlier and, the case was assigned to Sub-Inspector, namely, Prakash Guha (P.W.13) for investigation.

7. The Investigating Officer on being endorsed with the investigation visited the place of occurrence, prepared rough sketch map with index and on the basis of the statement of the accused persons was able to locate another accused, namely, Mohibul Sk. The said accused Mohibul Sk was arrested from Chapra P.S. area and three FICN of Rs.2000/- denomination were seized from him under proper seizure list.

8. On further statement of said Mohibul Sk search was conducted at his house and two FICN of Rs.2,000/- denomination were recovered beneath his bed cover. The investigating officer, thereafter, recorded the statement of the witnesses and also sent 15 pieces of FICN of Rs.2,000/- denomination to the Bharatiya Reserve Bank Note Mudran (P) Limited.

9. On receipt of the report, charge-sheet was submitted against all the accused persons, namely, Mithun Chakraborty, Pradip Ghosh and Mohidul @ Mohibul Sk. under sections 489B and 489C of IPC. Pursuant to the charge-sheet being submitted before the jurisdictional court, the case was committed to the court of sessions and the records were finally transmitted to the learned Additional District and Sessions Judge, 3rd Court, Krishnagar, Nadia for consideration of charges, trial and disposal.

10. The learned trial court on consideration of materials presented by the prosecution by its order date