IMPORTANT POINT
The court clarified that for a conviction under Section 489B, the charge must explicitly include elements of trafficking, which was not adequately done in this case.

JUDGMENT :

(Tirthankar Ghosh, J.) :

1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 07.09.2019, 09.09.2019 and 11.09.2019 passed by the learned Additional District and Sessions Judge, 2nd Fast Track Court, Jangipur, Murshidabad, in connection with Sessions Trial No. 1(1)2015 arising out of S.Sl. No. 150 of 2014 CIS No. 135/2014 wherein the learned Court was pleased to convict the appellant under Sections 489B/489C of the Indian Penal Code and sentenced him as follows :

(i) For the offence punishable under Section 489B of the Indian Penal Code – Rigorous Imprisonment for 7 years and fine of Rs.10,000/-, i.d. to suffer Rigorous Imprisonment for 6 months.

(ii) For the offence punishable under Section 489C of the Indian Penal Code – Rigorous Imprisonment for 5 years and fine of Rs.5,000/-, i.d. to suffer Rigorous Imprisonment for 3 months.

2. Samsherganj Police Station case no. 351 of 2013 dated 17.10.2013 was registered for investigation under Sections 489B/489C of the Indian Penal Code on the basis of an information submitted by one Amit Bhakat, Sub-inspector of Police attached to Samsherganj police station with the Officer-in-charge, Samsherganj police station, Murshidabad. On 17.10.2013 at about 17.15 hrs. an information was received, that a person was suspiciously roaming at Dhuliyan Ferry Ghat area with Fake Indian Currency Notes and was attempting to use the same as genuine. So, an information was diarized vide Samsherganj Police Station GDE No. 788 dated 17.10.2013. A raiding team was constituted along with two constables namely, Sk. Yeasin Ali and Biswajit Purti along with Home Guard Tapas Das. The raiding team left the police station to work out the said information vide Samsherganj Police Station GDE No. 789 dated 17.10.2013 and M.C.C. No. 3320/13 dated 17.10.2013 with the police station vehicle bearing no. WB-58U/3214. At about 17.35 hrs. the raiding party reached at Dhuliyan Ferry Ghat and on being identified by the source found that the accused person was standing suspiciously at Dhuliyan Ferry Ghat but on seeing the police team he tried to flee away but was apprehended in front of four independent local witnesses. Two of the witnesses namely, Lutu Sk and Ashok Basak agreed to be witnesses and in their presence search of the person was conducted and a bundle containing 71 pieces of notes of Rs.500/- denomination wrapped in a black plastic carry packet was recovered from the exclusive possession of the accused which was concealed in the left side waist line of his wearing lungi. On being questioned the accused disclosed his identity and confessed that he had full knowledge about the notes which were forged and confessed that he came there to circulate the fake notes as genuine in the local market. The accused was involved in dealing, possessing and business of Fake Indian Currency Notes, as such in presence of the witnesses the Fake Indian Currency Notes were seized as alamat of the case, the details whereof were incorporated in the seizure list which were signed by the witnesses as also the accused person. The entire process of the search, seizure and labelling continued from 17.45 hrs. to 19.15 hrs. and then the accused was arrested. The complainant thereafter prayed for a specific case being registered under Sections 489B/489C of the Indian Penal Code against the accused namely, Manirul Sk. for being investigated.

3. After the registration of Samsherganj Police Station case no. 351 of 2013 dated 17.10.2013, Sub-inspector Santanu Mukherjee (PW8) of the said police station was endorsed to investigate the case. The Investigating officer visited the place of occurrence, prepared rough sketch map along with index, examined the available witnesses under Section 161 of Code of Criminal Procedure, sent the seized FICN to the Expert and on receipt of the Expert’s opinion submitted charge-sheet before the Jurisdictional Court under Sections 489B/489C of the Indian Pena