IMPORTANT POINT
The judgment clarifies that mere possession of counterfeit currency does not equate to being a mastermind, and the role of the accused must be considered in sentencing.

JUDGMENT :

Tirthankar Ghosh, J.

1. The present appeal has been preferred against the Judgment and Order of conviction and sentence dated 28-08-2019 and 29-08-2019 passed by the learned Additional District and Sessions Judge, 5th Court, Malda in Sessions Trial No. 34 of 2018 arising out of Sessions Case No. 141 of 2018 wherein the learned trial court was pleased to convict the appellant and sentenced him to suffer rigorous imprisonment for 5(five years) and to pay a fine of Rs.10,000/-i.d., rigorous imprisonment for another six months for the offence punishable under Section 489C of the Indian Penal Code.

2. English Bazar P. S. Case No. 1143 of 2017 dated 21-12-2017 was registered for investigation under Sections 489B/489C of the Indian Penal Code pursuant to a complaint submitted by the S.I. of Police, namely, Shyam Sunder Saha with the Inspector-in-Charge, English Bazar Police Station on 21-12-2017.

3. The allegations made in the communication made to the Inspector-in-Charge, English Bazar PS were to effect that on receipt of telephonic information, the informant proceeded along with the force at around 16-10 hrs., and reached at Himalaya Tibetian Market within the jurisdiction of English Bazar PS. The raiding team disclosed their identity to local witnesses namely, Jayanta Mahalder (PW-5) & Karan Harijon @ Kiron (PW-6) for witnessing the seizure. On being identified by source, the suspect was surrounded and he confessed that he was possessing Fake Indian Currency Notes. The raiding team searched the suspect and on searching 13 pieces of Fake Indian Currency Notes of Rs.2000/-denomination were recovered from the possession of the suspect along with the Rs.540/-Indian Currency Notes (valid Indian Currency Notes). The Fake Indian Currency Notes, along with the Indian Currency Notes were seized under a proper seizure list which was labeled at the spot. The contents of the same were explained to the accused and thereafter he was arrested after issuing memo of arrest. He was informed about the grounds of his arrest and after informing his relative he was taken into custody.

4. On the basis of the aforesaid information being furnished before the Inspector-in-Charge, English Bazar Police Station as aforesaid, English Bazar P. S. Case No. 1143 of 2017 dated 21-12-2017 was registered for investigation and the case was entrusted to lady Inspector, Kandara Rai (PW-7).

5. The Investigating Officer on being endorsed with the case examined the complainant and recorded the statement of the witnesses including those who signed the seizure list and handed over the seized alamats to the Malkhana-in-charge. The members of the raiding team were also examined. The Investigating Officer thereafter visited the place of occurrence, prepared the rough sketch map with index and thereafter recorded the statement of the seizure witnesses u/s.161 Cr.P.C in its own handwriting. The seized currency notes were sent to Bharatiya Reserve Bank Note Mudran Pvt. Ltd., Salboni and after receipt of the report, charge-sheet was submitted before the jurisdictional court. The case was thereafter committed to the court of sessions and thereafter the proceedings along with the materials/records were transmitted to the learned Additional District Judge, 5th court, Malda who after considering the materials collected by the Investigating Agency proceeded to frame charges under Sections 489B and 489C of the Indian Penal Code against the present appellant. The contents of the charge were read over to the appellant to which he pleaded not guilty and claimed to be tried.

6. The prosecution in order to prove its case relied upon PW-1, namely, Md. Khairul Alam, constable of police and a member of the raiding team ; PW-2, namely Naresh Thakur, Home Guard of English Bazar Police Station who was part of the raiding team ; PW-3, Biswanath Chakraborty, constable of police attached to the English Bazar Police Station who went to submit the seized FICN at Bharatiya Reserve Bank Note Mudran P