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TIRTHANKAR GHOSH
Manirul Sk. – Appellant
Versus
State of West Bengal – Respondent
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 :
(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-
The conflicting interpretations of 'possession' and 'otherwise traffics in' in different judgments led the court to refer the issues to a Larger Bench for decision.
The main legal point established in the judgment is that the failure to reframe the charges and give the appellants an opportunity to respond to the charges of trafficking or transportation of counte....
Possession of forged or counterfeit currency-notes or bank-notes - Conviction modified - Prosecution prove charges under S. 489C of IPC. As far as charges of S. 489B of IPC prosecution could neither ....
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
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.
Mens rea is essential for conviction under IPC Sections 489B and 489C; mere possession of a counterfeit note without intent or knowledge does not constitute an offense.
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