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2018 Supreme(Mad) 3628

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. Sathish Kumar, J.
Karthick @ Kartheeswaran – Appellant
Vs.
State – Respondent
Criminal Appeal No. 107 of 2008, 112 of 2008, 113 of 2008, 367 of 2008
Decided On : 05-10-2018

Advocates Appeared:
K. Prabhu, Adv., Anandha Padmanabhan, Adv., T. Lenin Kumar, Adv., S. Deenadhayalan, Adv., R. Anand, Adv., S.C. Herold Singh, Adv., T. Jeen Joseph, Adv., S. Chandrasekar, Adv.

Headnote:

Indian Penal Code, 1860 - Sections 489B, 489C and 120B - Code of Criminal Procedure, 1973 - Sections 313 and 428 - Indian Evidence Act, 1872 - Sections 8 and 27 – Seized Counterfeit Currency - PW16 Sub-Inspector of Police received a secret information that Accused Nos-1 and 2 come to place called Tom Bridge to exchange counterfeit notes and informed same to Deputy Superintendent of Police - Secret information was marked as Ex-P19 - On intimation from Deputy Superintendent of Police in that regard PW11 Sub-Inspector of Police informed witnesses - In meanwhile a special team consisting of PW9 Head Constable PW14 Head Constable PW11 Sub-Inspector of Police and PW16 Sub-Inspector of Police was also formed by Deputy Superintendent of Police and along with witnesses they went to place called Tom bridge - After sometime Accused Nos-1 and 2 came there and while Accused No-1 tried to exchange one bundle of rupees counterfeit notes Accused Nos-1 and 2 were nabbed - Thereafter when police party wanted to search Accused Nos-1 and 2 agreed to make a search by police and consented for search under Exs-P7 and 8 and on search seized counterfeit notes from Accused No-2 and one bundle counterfeit notes from Accused No-1 under Ex-P5 in presence of witnesses and PW11 – Held, When Accused Nos-1 to 5 were found in possession of such huge number of counterfeit currency notes and those notes were safely kept in their house in trunk box and on search from house and also their pant packets such large number of counterfeit notes were recovered from them in absence of any reasonable explanation that itself gives rise to presumption that possession of such notes are only for purpose of using same as genuine or it may be used as genuine - Admittedly a large number of counterfeit currency notes were seized from all accused - Explanation by Accused Nos-1 to 5 is also not convincing and all witnesses have clearly spoken about recovery and seizure - There was no necessity for prosecution to take risk in planting such huge quantity of counterfeit notes to foist a false case against Accused Nos-1 to 5 - Thus in view of seizure of huge quantity prosecution has clearly established charge as against Accused Nos-1 to 5 - Hence judgment of Trial Court does not require any interference at hands of this Court - Appeal is dismissed.

JUDGMENT

N. Sathish Kumar, J.

These Criminal Appeals are directed against the judgment dated 21.02.2008, made in S.C.No.173 of 2007, on the file of the learned Additional Sessions Judge -cum- Fast Track Court No.I, Tuticorin, Tuticorin District.

2. The facts, in a nutshell, are as follows:

2.1. On 09.08.2000 at about 10.00 a.m., P.W.16-Sub-Inspector of Police, Eral Police Station, received a secret information that Accused Nos.1 and 2 come to the place called 'Tom Tom Bridge' to exchange the counterfeit notes and informed the same to the Deputy Superintendent of Police. The secret information was marked as Ex.P.19. On intimation from the Deputy Superintendent of Police in that regard, P.W.11-Sub-Inspector of Police, Sawyerpuram Police Station, informed the witnesses. In the meanwhile, a special team, consisting of P.W.9-Head Constable of Kurumbur Police Station, P.W.14-Head Constable of Alwarthirunagari Police Station, P.W.11-Sub- Inspector of Police, Swayerpuram Police Station and P.W.16-Sub-Inspector of Police, Eral Police Station, was also formed by the Deputy Superintendent of Police and along with the witnesses, they went to the place called 'Tom Tom bridge' at about 11.30 a.m. After sometime, Accused Nos.1 and 2 came there and while Accused No.1 tried to exchange one bundle of 100 rupees counterfeit notes, Accused Nos.1 and 2 were nabbed. Thereafter, when the police party wanted to search, Accused Nos.1 and 2 agreed to make a search by the police and consented for search under Exs.P.7 and 8 and on search, seized two 100 rupees counterfeit notes from Accused No.2 and one bundle of 100 rupees counterfeit notes from Accused No.1 under Ex.P.5 in the presence of witnesses Vellaiya Nadar and Iyampillai Nadar and P.W.11. Thereafter, P.W.16 came to the Police Station along with the Accused Nos.1 and 2 and the seized notes and gave a special report Ex.P.6 to P.W.11, based on which, P.W.11 registered a case in Crime No.89 of 2000 under Section 489-C of the Indian Penal Code under Ex.P.9-printed First Information Report and sent First Information Report and Ex.P.6-special report to the Court and copy to the Inspector of Police.

2.2. P.W.17, Inspector of Police, Eral Police Station and in-charge of Sawyerpuram Police Station at the relevant point of time, on receipt of First Information Report, took up the case for investigation and recorded the confession of Accused Nos.1 and 2 and also seized two sovereigns of chain from Accused No.2 under Ex.P.20. Pursuant to the confession of Accused No.2, on the same day, at about 09.30 p.m., he went to the house of Accused No.2 and seized one bundle of 100 rupees counterfeit notes and 98 numbers of 100 rupees counterfeit notes from the trunk box shown by Accused No.2. He has seized the above notes under Ex.P.13. Thereafter, on 10.08.2000 at 02.30 a.m., he arrested Accused No.3 and recorded his confession. Pursuant to the same, he has also seized two bundles of 100 rupees notes. Thereafter, he arrested one accused Thangaraj @ Chinnappan (since deceased) at 04.30 a.m., and seized one bundle of 100 rupees counterfeit notes from his house. Thereafter, at 07.15 a.m., he arrested Accused No.4 and recorded his confession, pursuant to which, he has recovered one bundle of 100 rupees counterfeit notes under Mahazar and, thereafter, sent the accused and the seized notes to the Court and altered the crime under Sections 489-B and 489- C under alteration report Ex.P.23.

2.3. Thereafter, P.W.17 obtained warrant to effect search the office of the Accused No.2. Pursuant to the search warrant, he searched the premises, namely, Arumugamangalam Primary Co-operative Bank, where Accused No.2 was working, in the presence of P.W.1 to P.W.7 and recovered one bundle of 100 rupees counterfeit notes from the dustbin beneath the table of Accused No.2 and sent the seized notes to the Court concerned under Form-95.

2.4. Subsequently, on 17.08.2000, at an early morning, 05.30 a.m., P.W.17 arrested Accused No.5 from the house belo











































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