P.K. Musahary, J.

1. Heard Mr. A. Rashid, learned Counsel for the accused-Appellant and also heard Mr. K. Munir learned Addl. Public Prosecutor, Assam.

2. Being dissatisfied with and aggrieved by the judgment and order dated 30-3-2009 passed by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldoi, in Session Case No. 53 (DM)/07, convicting and sentencing him to undergo R.I. for 7 years with fine of Rs.10,000/- in default, to undergo further R.I. for 1 year under Section 489C, IPC, the Appellant has filed this appeal under Section 374(2) of the Code of Criminal Procedure

3. Adverting to prosecution case, as unfolded from the FIR, it may be briefly stated that on 31-8-2005, the then ASI of Mangaldoi Police Station, on receipt of a secret information, proceeded along with another police personnel namely, Shri Mahesh Nath accompanied by a section of CRPF personnel and conducted a search operation at about 11.00 a.m. in the Bus named as Siva Sundar bearing registration No. AS-13/8073 at Tamulipara of Mangaldoi Town. The said bus was coming from Tezpur side towards Mangaldoi. During search operation, the accused-Appellant was found sitting on a seat of the bus and beneath the seat of the accused-Appellant, a plastic bag containing 45 Nos. of fake currency notes of 500 denominations wrapped with a polithyene concealed under husk along with one suspected rhino horn was recovered and seized from his custody. In this connection an FIR was filed which was received and registered as Mangaldoi P.S. Case No. 247/2005 under Sections 489A/489C, IPC read with Section 51 of the Wild Life Protection Act. During investigation, the seized currency notes and the rhino horn were sent for forensic examination. It was returned with positive report in respect of the counterfeit currency notes and negative report in respect of rhino horn. The police, on completion of investigation, submitted charge-sheet against the accused-Appellant under Section 489A/489C, IPC.

4. The case was committed by the learned Chief Judicial Magistrate, Darrang, Mangaldoi to the Court of Sessions Judge, Darrang. Mangaldoi who made over the case to the learned Court of Addl. Sessions Judge (FTC) for trial and disposal whereupon the charge was framed against the accused-Appellant under Section 489C of the IPC. The said charge being read over and explained, the accused-Appellant pleaded not guilty and claimed to be tried.

5. The prosecution examined as many as 07 witnesses including the complainant, Investigating officer and Forensic expert. The accused-Appellant was examined under Section 313, Code of Criminal Procedure He expressed his desire to examine 01 witness named Sahab Uddin in his defence but ultimately he did not examine him P. Ws. 1 and 7 are police officials, who were detained for search in the bus. According to them, they intercepted the aforesaid bus and got into the bus and checked the passengers one by one and made them to get down from the bus. According to P.W. 1, Budhen Bhagbati, a plastic bag placed on a box was found 'on seat No. 1' whereupon the accused-Appellant, Amir Hussain was sitting. A Rhino horn and 46 Nos. of fake currency notes of Rs. 500/- denominations were found inside the husk from the said bag and the same were seized by him.

6. P.W. 7, Shri Mahesh Nath, who was the I.O. of the case, deposed in the same manner but he stated that the said bag was found 'under the seath on which the accused Amir Hussain was sitting. As I.O. P.W. 7 sent the seized materials for FSL examination. He examined some witnesses including the driver and conductor of the said vehicle/bus. P.W. 5 Abdul Selam, driver of the bus, in his deposition, stated that after the bus was intercepted at about 10.00 a.m. and the police started checking the passengers after alighting them from the bus. In cross-examination, he stated that he was also alighted from the bus and there was not a single person inside the bus. Then, the police got into the bus along with handyman and b