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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, JAY SENGUPTA, TIRTHANKAR GHOSH
Anikul @ Anikul Islam – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. terms of reference involving counterfeit currency. (Para 1 , 2 , 3) |
| 2. details of seizures from appellants. (Para 4 , 14) |
| 3. defenses raised concerning presumptions. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. constitutional rights and defenses against presumptions. (Para 13 , 15 , 16) |
| 5. comments on existing judgments. (Para 19 , 20) |
| 6. court's reasoning based on prior case law. (Para 21 , 22 , 23) |
| 7. implications of evidence and prosecution's burdens. (Para 24 , 25 , 26) |
| 8. legal standards for conviction under relevant codes. (Para 27 , 28 , 29 , 30) |
| 9. judicial interpretation regarding trafficking definitions. (Para 31 , 32 , 33) |
| 10. final directions regarding processing of appeals. (Para 73 , 74 , 75) |
JUDGMENT :
TIRTHANKAR GHOSH, J.
1.During the hearing of CRA 123 of 2019, CRA 37 of 2019, CRA 189 of 2017 and CRA 702 of 2018, the following terms of reference arose:
1) Whether the aid of ‘presumption’ is available when the seizure of FICN is effected from the possession of an individual?
2) If quantity/volume of FICN is a ground of ‘presumption’, what would be the cut off number for presuming that the ‘possession’ was for the purpose of ‘otherwise traffics in’?
3) When substan
The court ruled that possession of counterfeit currency notes does not alone establish guilt; intention to use them as genuine must be proven alongside accountability for their possession.
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 ....
The prosecution must prove beyond reasonable doubt that the accused had knowledge or reason to believe that currency notes were counterfeit to sustain a conviction under IPC Sections 489B and 489C.
unless the evidence adduced in the case is consistent only with the hypothesis of the guilt of the accused and is inconsistent with that of his innocence, the court should refrain from recording a fi....
Seizure offake Currency Notes – Mere possession of fake Currency Notes in absence of plausible reason to execute mal-intention with a guilty motive cannot be accepted.
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
The central legal point established in the judgment is the requirement of 'knowledge or reason to believe' in establishing guilt for the offences under Section 489-B and 489-C of the RPC, emphasizing....
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