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2017 Supreme(Guj) 22
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Akil Abdul Hamid Kureshi, Biren Vaishnav, JJ.
Dhaneshbhai Dwarkadas Sachaniya - Appellant
Vs.
State of Gujarat - Respondent
Criminal Appeal Nos. 1148, 1949 and 1950 of 2004
Decided On : 10-01-2017
For the Appellant : Anil H. Soni
For the Respondent: Jirga Jhaveri
Headnote:
Criminal Law – Criminal Trial – Offence of counterfeit – Using as genuine, forged or counterfeit currency-notes or bank-note – Possession of forged or counterfeit currency-notes or bank-notes – Acquitted and Convicted – One appeal seeking enhancement of sentence and another appeal challenging acquittal of original accused Nos. 5 to 8 and 10 to 20 – Police Inspector of Special Crime Squad had carried out raid – Alleged that on information that one accused was dealing in counterfeit currency of Rs. 500/- and was also indulging in circulation thereof – On basis of this information, complainant together with two panchas and few other police personnel in the night went to Jinjri where accused was staying as tenant of one Mansukh Kundaliya – On interrogating accused it was found that he was in possession of Rs. 500/- note which was found under mattress of his room – On examination note was found to be counterfeit – On being further interrogated, it was revealed that one Ishabhai Musalman of Jamnagar who was acquaintance of Kamleshbhai Vadgama of Rajkot had given him counterfeit notes worth Rs. 6 lacs of which, notes worth rupees four and half lacs were parted by him in favour of one Bhikhabhai Tulsi Kathiriya at Mumbai and the remaining amount of Rs. 1 and a half lac was given to one Dhanesh Bachubhai Mistri also from Mumbai – Held, When police party had raided their houses in Mumbai they were not available – Surprisingly, they surfaced at Junagadh clearly indicating that they had whiff of their accomplices being arrested. Strangely they surfaced at Junagadh in a guest house while carrying fake currency notes – Currency note seized and sent for forensic analysis were not in sealed condition – Witnesses after witnesses had admitted that the notes were not sealed, carrying signatures of the officers or panch-witnesses – This would completely destroy connection or the identity of seized notes with those which the forensic department found to be fake – Testimony of sole police witness, recovery of Rs. 500 note under circumstances and manner in which they are recovered/discovered and especially when such Panchnamas are not supported by the Panchas, the local panchas and police from Junagadh going to Mumbai and not keeping the police in Mumbai in the loop, are circumstances which lead us to believe that this is a case of the prosecution based on suspicion which "may be true" or "may not be true" and therefore the benefit of doubt therefore must go to the accused – Criminal Appeal No. 1148 of 2004 is allowed – Criminal Appeal Nos. 1949 of 2004 and 1950 of 2004 filed by State seeking enhancement of sentence of original accused Nos. 1 to 4 and seeking reversal of acquittal of original accused Nos. 5 to 8 and 10 to 20 dismissed. (Paras 27, 28 and 29)
Biren Vaishnav, J.
1. All these appeals arise out of a common judgment and order dated 30.06.2004 passed by the learned Additional Sessions Judge and Fast Track Judge, Junagadh.
2. Criminal Appeal No. 1148 of 2004 has been filed by the original accused No. 4 as he has been convicted for offences under section 489(B) read with section 489(C) of IPC and sentenced to undergo seven years of rigorous imprisonment and fine of Rs. 5000/- in default thereof. Criminal Appeal Nos. 1949 of 2004 and 1950 of 2004 have been filed by the State of Gujarat. Criminal Appeal No. 1949 of 2004 has been filed by the State seeking enhancement of the sentence imposed on the original accused Nos. 1 to 4 who have been sentenced to undergo seven years of rigorous imprisonment for offence under section 489(B) and 489(C) of IPC whereas Criminal Appeal No. 1950 of 2004 has been filed by the State challenging the acquittal of original accused Nos. 5 to 8 and 10 to 20 in Sessions Case No. 74 of 2000, Sessions Case No. 99 of 2000, 14 of 2001, 29 of 2002 and 77 of 2001.
3. The prosecution case in brief is that on 13.01.2000 Shri P.O. Bhatt, Sub-inspector, Visavadar Police station lodged the first information report Exh 292. His case in the first information report was that he had come to Junagadh on instructions from the District Superintendent of Police and he together with one Police Inspector of Special Crime Squad Shri M K Kataria had carried out a raid. This was based on the information that one Ramesh @ Ramji @ Ramabhai Laxmidas Suthar, a resident of Nangalpur was dealing in counterfeit currency of Rs. 500/- and was also indulging in circulation thereof. On the basis of this information, the complainant Shri P.O. Bhatt, together with two panchas Rameshbhai Naranbhai Valand and Harkishanbhai Bhojra Sindhi and few other police personnel on 21.01.2000 at 10:30 in the night went to Jinjri where Ramesh @ Ramji was staying as a tenant of one Mansukh Kundaliya. On interrogating Ramesh @ Ramji, it was found that he was in possession of Rs. 500/- note which was found under the mattress of his room. On examination, the note was found to be counterfeit. On being further interrogated, it was revealed that one Ishabhai Musalman of Jamnagar who was acquaintance of Kamleshbhai Vadgama of Rajkot had given him counterfeit notes worth Rs. 6 lacs of which, notes worth rupees four and half lacs were parted by him in favour of one Bhikhabhai Tulsi Kathiriya at Mumbai and the remaining amount of Rs. 1 and a half lac was given to one Dhanesh Bachubhai Mistri also from Mumbai. Based on this first information report, investigation was carried out and 16 persons were arraigned as accused by the learned Additional Sessions Judge, Junagadh. These accused were charged for offence under sections 489(B) and 489(C) of IPC read with section 120B thereof. According to the charge, all the 16 accused were implicated for offence of having conspired to be in possession of and circulating counterfeit notes worth Rs. 6 lacs.
4. The complainant Pradipkumar Odhavji was examined as PW 1 at Exh 38. According to the testimony of this witness, he states that on 12.01.2001, he was discharging his duties as Police Sub-inspector at Visavadar police station. That when he had come to Junagadh, he met one Mr. M.K. Kataria, Police Sub-inspector of the Special Crime Branch. On the information received that one Ramesh @ Ramji, accused No. 1, a resident of Nagalpur was indulging in possession and circulating Rs. 500/- counterfeit currency notes, both the complainant and Shri Kataria accompanied by a few other police personnel carried out a raid at Jinjri village where Ramesh @ Ramji was staying in a tenanted premises of one Mansukhbhai. This witness further deposes that when Ramesh was interrogated, he stated that he was a resident of Nagalpur but was presently staying at Jinjri. A 500 rupee note was recovered from under a mattress. According to the testimony of this witness, the 500 rupee note appeared
