IMPORTANT POINT
The prosecution must examine all material witnesses to ensure a fair trial, and mere possession of counterfeit currency does not suffice for conviction without proof of intent to use it as genuine.

JUDGMENT :

Bibhas Ranjan De, J.

Preface:-

1. The appeal impugns the judgement and order of conviction dated 17.08.2023 & 18.08.2023 respectively passed by the Additional Session Judge, 4th Court, Berhampore, Murshidabad in Sessions Trial No. 01(July)/ 2012 arising out of the Sessions SL. Case No. 421/2009 wherein the appellants were convicted as under:-

Fact in laconic:-

2. On 12.07.2007 at about 16.45 hours the police received credible information from source to the effect that three persons being carriers/ dealers and sellers of Fake Indian Currency Note( for short FICN) are coming to Berhampore with huge quantity of FICL to channelize those to open market through their agents in exchange of money for unlawful gain. The police personnel under the leadership of Inspector Bibhas Ganguly, Detective Department, Murshidabad (for short DD) took note of the same and proceeded to Chuapur More on NH 34. At the place of occurrence (for short P.O.) the police requested two persons namely Ashim Sarkar and Ramananda Singh to act as public witnesses and accompany them during raid. Thereafter, an ambush was laid near the P.O. at around 17.10 hours when the three persons were coming from the opposite direction along side NH34 and assembled at P.O. where they were encircled by the raid party. After disclosing their identity Inspector Ganguly searched the accused/appellants in presence of local witnesses and recovered 49 pieces of FICN of Denomination of Rs. 1000/- from the chest pocket of appellant (for short A) no. 1 and 101 pieces of FICN of Denomination of Rs. 500/- was recovered from the chest pocket of A2 and 80 pieces of FICN of Denomination of Rs. 500/- was recovered from the chest pocket of another accused. The total value of FICN recovered was Rs. 1,39,500/-. Inspector Ganguly seized all these FICN from the exclusive possession of the accused and separately kept it in 3 envelopes with proper label. After that the accused/appellants were arrested and accordingly a suo motu case was initiated by the Police being Berhampore Police Station Case No. 310 of 2007 dated 12.07.2007 under Sections 489A/489B/489C/34 of the IPC against all the accused persons including the appellants herein.

3. On completion of investigation police submitted charge sheet against the accused under Sections 498B/489C/ 34 of IPC.

Charges:-

4. On 19.03.2009 the case was committed to the Court of Ld. Sessions Judge, Murshidabad which in tern was transferred to the Court of Ld. Additional Sessions Judge, 4th Court Berhampore, Murshidabad for disposal.

5. On 20.07.2012 charges were framed against all the accused persons under Sections 489B/489C of the IPC to which they pleaded not guilty.

Trial:-

6. Prosecution examined five witnesses namely S.I. Gopal Mukherjee as PW1, Ashim Sarkar @ Bumba as PW2, Dostur Ajim (ASI of Police) as PW3, Babbar Sk. As PW4 and Ramananda Singh as PW5.

7. A good number of documents were admitted in evidence as exhibit 1 to 10 including the forensic examination report, all FICN and envelope and also signatures of the witnesses on the seizure lists.

Trial Court findings:-

8. After evaluation of evidence in its entirerity Ld. Judge opined that the seizure of FICN from the possession of accused person had been proved beyond shadow of reasonable doubt. Ld. Judge ignored the issue of non-examination of investigating officer as well as complainant relying on ocular evidence of eye witnesses. Ld. Judge also ignored the identification of the accused by the public witnesses assigning reason that it was quite natural for a person to fail to identify another person after lapse of 5 years of the incident. Accordingly, appellants were found guilty of committing offence punishable under Section 489C of the IPC.

Argument Advanced:-

9. Ld. Counsel, Mr. Sekhar Basu, appearing on behalf of the appellants mainly advanced tw