Mr. Michael Zothankhuma, J.(Oral) - Heard Mr. K. Laldinliana, learned Amicus Curiae. Also heard Mr. A.K. Rokhum, learned Public Prosecutor, Mizoram.

2. The present appeal has been filed from jail against the Judgment & Order dated 24.7.2015 passed by the Court of the Additional District & Sessions Judge-I, Aizawl in Crl. Trial No. 1837 of 2013 under Section 489(B) IPC, wherein the appellant has been convicted to undergo R.I. for 4 (four) years with a fine of Rs. 3000/- i.d. 6(six) months.

3. The prosecution story of the case in brief is that on 25.5.2013, the Branch Manager In-charge, State Bank of India, Kolasib submitted an FIR dated 25.5.2013 stating that one Khualzangova of Khuangpuilam, Kolasib tried to deposit Rs. 1,00,000/- (Rupees one lakh) all of which were Rs. 500/- note denomination, using the Pass Book of Kamlalmawia, S/o L. Zathanga, Account No. 2015174465 on 25.5.2013. When the Bank official checked the currency notes, they suspected 100 out of 200 currency notes to be fake. The Officer In-charge, Kolasib, Police Station registered a case No. 30 of 2013 under Section 489 (B)/489(C) IPC.

4. The Police seized the suspected 100 numbers of Rs. 500 Indian currency notes from Khualzangova on 25.5.2013 in SBI, Kolasib. During investigation, the arrested person Khualzangova stated that the present appellant had sent him to deposit the Rs. 1,00,000/- (Rupees one lakh) and for which he was to earn Rs. 2,000/- (Rupees two thousand)only. The appellant Ginlala was thereafter arrested and he is alleged to have stated that he acquired the fake currency notes from Rintluangi of Rengtekawn, Kolasib near FCI Go-down by buying the same from Tluangi at half the price.

5. Fake currency notes of Rs. 22,500 (500 rupee note) was also seized from the possession of Ginlala at the time of his arrest. On the statement of the appellant, fake currency of Rs. 1,00,000/- (Rupees one lakh) (500 rupee notes) was again seized from the house of Niangneuvi. Thus, there were 3 (three) seizure memos were made with regard to seizure of fake Indian currency. Charge-sheet was filed and a prima facie case under Section 489 (B) & (C) IPC was found by the I.O. against the appellant.

6. On 22.11.2013 charges under Section 489 (B) & (C) IPC were framed against the present appellant and against Rintluangi, co-accused. After examination of witnesses and examination of the accused under Section 313 Cr.P.C., the appellant was convicted and sentenced under Section 489(B) IPC.

7. The appellant has thereafter filed the present appeal.

8. The learned Amicus Curiae submits that there is no evidence to connect the fake Indian currency notes seized in the State Bank of India (SBI) with the appellant. The learned Amicus Curiae also submits that the seizure memo regarding the seizure of fake Indian currency from the appellant in the Police Station shows that there was no civilian witnesses and as the mandatory provision of law had not been followed, the appellant’s conviction and sentence should be set aside.

9. That with regard to the fake Indian currency seized from Niangneuvi’s residence, the seizure witness Lalfamkimi has stated in her cross-examination that she did not see the seized fake currency at the time of seizure. Thus, learned Amicus Curiae submits that there was no ground for the learned Trial Court to have convicted the appellant under Section 489(B) and accordingly the same should be set aside.

10. The Public Prosecutor Mizoram, Mr. A.K. Rokhum submits that the evidence clearly shows that the fake Indian currency seized in the SBI was to be deposited by Khualzangova on the direction of the appellant and for which Khualzangova was to earn Rs. 2,000/- (Rupees two thousand)only. The Public Prosecutor also submits that the seizure of fake Indian currency from the appellant at the time of his arrest and also the seizure made in Niangneuvi’s house is admitted by the appellant in his examination under Section 313 Cr.P.C. and in view of the above, there is no inf