Possession of fake currency notes established guilt beyond reasonable doubt; intent to use them in the market suffices for conviction under IPC Sections 489B and 489C.

Joymalya Bagchi, J. :-

1. Appeal is directed against judgment and order dated 22.12.2015 passed by learned Additional District & Sessions Judge, 5th Court, Malda in Sessions Trial No.25 of 2015 arising out Sessions Case No. 137 of 2015 convicting the appellant for commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 489B of the Indian Penal Code and to suffer rigorous imprisonment for seven years and to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 489C of the Indian Penal Code;both the sentences to run concurrently.

2. Gist of the prosecution case is to the effect that on receipt of telephonic information that a deal in fake Indian currency notes (FICNs) would take place at Alinagar Fatepur area, a G.D. being Kaliachak Police Station G.D. Entry No.1371 was recorded. Pursuant thereto, police personnel under the leadership of ASI Ram Chandra Saha (PW5) went to work out the information. They reached Alinagar Fatepur around 19:55 hrs. The source pointed out to the appellant who was waiting to board a public transport.Thereafter, the appellant was searched.

3. In course of search, 240 pieces of FICNs valued at Rs.1,20,000/- in all were recovered. Appellant was arrested. A written complaint was lodged by PW5 resulting in registration of Kaliachak Police Station Case No.699 of 2014 dated 29.09.2014 under Sections 489B/489C of the Indian Penal Code. Initially, charge-sheet was filed. Subsequently, upon receipt of report from the expert that the currency notes were fake, supplementary charge-sheet was filed. Charges were framed under Sections 489B/489C of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.

4. In course of trial, prosecution examined 10 witnesses. Defence of the appellant was one of innocence and false implication. He took a desperate plea that he was a source attached to Interpol, Chennai and has been falsely implicated.

5. In conclusion of trial, learned trial Judge by the impugned judgment and order dated 22.12.2015 convicted and sentenced the appellant, as aforesaid.

6. Mr. Dipanjan Chatterjee, learned Advocate for the appellant assailed the conviction on the following grounds :-

(a) recovery of the FICNs. has not been proved &

(b) there is no evidence that the appellant used the currency notes.

7. Ms. Sreyashee Biswas, learned Advocate for the State submits that evidence of the official witnesses is corroborated by independent witnesses to recovery i.e. PW 7. Report of the expert (Ext.7) shows that the seized notes are fake. Hence, the prosecution case has been proved beyond doubt.

8. PW5 (ASI Ram Chandra Saha) is the leader of the raiding party. He deposed on receiving telephonic information he along with others came to the spot. Appellant was apprehended. On search, 240 pieces of currency notes of Rs.500/- each, suspected to be fake, were recovered. He proved the seizure list (Ext.1). He also identified the seized currency notes in Court. Appellant was arrested. PW 5 lodged written complaint at the police station.

9. His deposition is corroborated by PW1 (Ankan Singha Ray), PW2 (Hasibur Sk.), PW3 (Amjad Ali) & PW4 (Bikash Mahanta), who were members of the raiding party.

10. PW7 (Galam Rabbani) is an independent witness to the recovery of currency notes suspected to be fake. He proved his signature on the seizure list.

11. PW6 (ASI Manoranjan Murari) proved the G.D. Entry No.1371 dated 29.09.2014 with regard to the prior information giving rise to the raid.

12. PW9 (Abhisek Talukdar) is the police officer who received the written complaint. He proved the formal FIR.

13. PW10 (Shankar Sarkar) is the Investigating Officer. He received the seized notes and sent them for examination at Salboni. In