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2017 Supreme(Mad) 1465
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. Bharathidasan, J.
K. Harish & Ors. - Appellants
Versus
State rep. By The Inspector of Police, Crime Branch C.I.D., Counterfeit Currency Wing, Chennai - Respondent
Criminal Appeal Nos. 773, 777, 799 of 2007
Decided On : 23-01-2017
For the Appellants :Mr. S. Karthikeyan, Advocate.
For the Respondent:Mrs. M.F. Shabana, Government Advocate (Crl. Side).
Headnote:
Indian Penal Code, 1860 - Sections 120(b), 489-b r/w.109, 489-c - Counterfeit currency notes –Seizer of - There is no material available on record to show that the currency notes seized from the accused were sent for examination to the Currency Note Press, Nasik to prove that the currency notes, recovered from the accused are counterfeit notes. Hence, I am of the considered opinion that the prosecution has failed to prove that the currency notes, which alleged to have been recovered from the appellants are counterfeit notes. In the absence of any proof of possession of counterfeit currency notes, the appellants cannot be convicted under Section 489-C IPC - Criminal Appeals are allowed
Mr. V. Bharathidasan, J.
A2, A5, A7 and A8 in S.C.No.132 of 1998 on the file of the learned VII Additional Sessions Judge, Chennai are the appellants herein. Totally, there are 10 accused. The case against A6 & A9 was split up. A1 stood charged for the offences under Sections 120(b) and 489 IPC, A2 stood charged for the offences under Sections 120(b), 489-b (2 counts) and 489-C. A3 stood charged for the offences under Sections 120(b), 489-b r/w.109, 489-c IPC. A4 stood charged for the offences under Sections 120(b), 489-b, 489-c IPC. A5 stood charged for the offences under Sections 120(b), 489-b, 489-c IPC. A7 stood charged for the offences under Sections 120(b), 489-b, 489-c IPC. A8 stood charged for the offences under Sections 120(b), 489-b(2 counts), 489-c IPC and A10 stood charged for the offences under Sections 120(b), 489-b(2 counts) IPC. The trial Court, by judgment dated 18.08.2007, convicted A2, A5, A7 and A8 under Section 489-C IPC, and sentenced them to undergo rigorous imprisonment for 5 years, and the trial court acquitted them from the other charges levelled against them. Challenging the same, A7 filed an appeal in Crl.A. No.773 of 2007, A2 & A8 filed an appeal in Crl.A. No.777 of 2007 and A5 filed an appeal in Crl.A. No.799 of 2007.
2. Pending appeals, the first appellant/A2 in Crl.A. No.777 of 2007 died and hence, the appeal against A2 was dismissed as abated.
3. The case of the prosecution, in brief, is as follows:-
On 05.01.1991, at about 7.30 p.m., P.W.10, Inspector of Police, Veppery police station, while on patrol, on suspicion interrogated A4 and he admitted that he was involved in exchange of fake currencies of Rs.10/- denomination and on search, he found 10 numbers of counterfeit currency notes of Rs.10/- denomination and recovered the same under Ex.P.1 Mahazar. A4 identified A3 and A5 and from them, P.W.10 recovered 100 numbers of counterfeit currency notes of Rs.10/- denomination, and 52 numbers of counterfeit currency notes of Rs.10/- denomination from them respectively, and he registered a case in Crime No.13/1991 on the file of the G1, Veppery Police Station for an offence under Section 489-C IPC.
4. After registering the complaint, during investigation, P.W.10 arrested A6 & A7 and recovered 75 numbers of counterfeit currency of Rs.10/- denomination from A6 and recovered 85 numbers of counterfeit currency notes of Rs.10/- denomination from A7, under Mahazar, Ex.P4. Subsequently, on 09.01.2001, when the Inspector of Police, Secretariat Colony Police Station, on patrol, arrested A10 and recovered one number of counterfeit currency of Rs.10/-, denomination from her and registered a case in Crime No.25/91 for an offence under Section 489-B. During investigation, he came to know about the involvement of A8 and A9 and arrested them and recovered 26 numbers of counterfeit currency of Rs.10/- denomination from A8 and recovered 43 numbers of counterfeit currency of Rs.10/- denomination from A9. Then, he transferred both the cases to the respondent police and they have arrested A1 and A2.
5. Thereafter, P.W.11, then Inspector of Police, attached to the respondent police, continued further investigation and after obtaining a report from the Government Currency Notes Press, Nasic, he filed a final report against the accused.
6. Based on the above materials, the trial Court framed the charges as detailed in the first paragraph of this judgment against the accused. The accused denied the same. In order to prove the case of the prosecution, on the side of the prosecution, as many as 11 witnesses were examined and 16 documents were exhibited, besides 9 material objects were marked.
7. Out of the witness examined, P.W.1 is the witness to the seizure and recovery of the counterfeit currency notes from A3 and A4. P.W.2, who is a witness to the confession of A10 and recovery of the counterfeit currency note from A10, and turned hostile. P.W.3 and P.W.4, are the witnesses to the recovery of counterfeit currency notes
