IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
M. Ramar & Others - Appellants
Versus
State rep. by Inspector of Police, CBCID, Prevention of Counterfeit Currency Investigation Division, Chennai - Respondents
Criminal Appeal Nos. 20, 25, 26, 36 & 52 of 2015
Decided on : 29-04-2019
Constitution of India,1950 - Article 21 - Indian Penal Code, 1860 – Section 489-B and 489-C - Criminal Procedure Code,1973 - Section 161 - Forged currency – Possession of forged or counterfeit currency notes – Charged - Appeal against conviction - Secret information received by PW-1 - Inspector of Police attached to Central Crime Branch, he along with his team of Police and his Informant went to Bus stop and keeping surveillance - At about 13.10 hrs, his Informant identified A-1 who came in a Hero Honda CDZ Motor cycle bearing registration No. - When A-1 was intercepted and enquired about any possession of counterfeit currency, A-1 admitted possession of counterfeit fake currency and handed over 100 notes of 1000 rupees denomination - On verification of currency, PW-1 found that serial numbers of currency found in upper panel and lower panel differed found in upper panel and lower panel - Suitcase concealed in kitchen loft 328 notes of 1000 rupees denomination, 1261 notes of 500 rupees denomination and 3 notes of 100 rupees denomination and a house lease deed document were recovered under mahazar Ex P-5 - Further, in his confession, A-1 informed that about 2 months prior to that day, he purchased fake currency of face value 13 lakhs from one (A-5) for rupees one lakh- From out of it, he sold face value of fake currency to Kothandarao (A-2) of after getting from him – Held, recovery of counterfeit currency from them and analysis report indicates that they had in possession of counterfeit currency, there is no contra evidence to show that possession of counterfeit currency by them was not within their knowledge - Admission portion of confession statements and recovery of counterfeit note attracts provisions of Sections 489-B and 489-C I.P.C. A.1 has bought counterfeit currency sold it to A.2 and in turn, A.2 has sold it to A.3 - A.1, A.2 and A.3 are concerned, prosecution has proved case beyond reasonable doubt that counterfeit currency face value recovered from A.1, counterfeit currency face value recovered from A.2 and counterfeit currency face value has been recovered from A.3 - Since, recovery face value of counterfeit currency from A.4 is not substantiated through adequate evidence, he is entitle for acquittal - Prosecution has proved that counterfeit currency recovered from A.2 and A.3 were sold by A.1 - He has received genuine currency from A.2 and given counterfeit currency to A-2 for circulation - A-2 in turn has given 15 numbers of 1000 rupees counterfeit notes and 60 numbers of 500 rupees counterfeit currency to A.3 which was kept by A.3 in his shop, to use it as genuine - Thus, ingredient of offence - Criminal appeals preferred by A.1, A.2 and A.3 (Crl.A.Nos.25, 36 and 20 of 2015 respectively) are dismissed - Criminal Appeals preferred by A.4 and A.5 (Crl.A.Nos.52 & 26 of 2015 respectively) are allowed.
(Common Prayer: These Criminal Appeals are filed under Section 374 Cr.P.C., against the conviction and sentence passed by the learned Additional Sessions Judge, Tiruvallur in S.C.No.153 of 2011 dated 17.12.2014.)
1. These five criminal appeals are preferred by the five accused in S.C.No.153 of 2011 on the file of the learned First Additional Sessions Judge, Tiruvallur.
Sl.No.
Accused
Offence
1.
A-1
489-B and 489-C of I.P.C.,
2.
A-2
489-B and 489-C of I.P.C.,
3.
A-3
489-B and 489-C r/w 34 of I.P.C.,
4.
A-4
489-B and 489-C r/w 34 of I.P.C.,
5.
A-5
489-B and 489-C of I.P.C.,
2. Before the trial Court, A-1, A-2 and A-5 were tried for offences under sections 489-B and 489-C IPC. A-3 and A-4 were tried for offences under sections 489-B and 489-C r/w 34 IPC.
3. To prove the charges, the prosecution examined 6 witnesses. Marked 23 exhibits and 21 material objects. The certified copy of the RC Book of the Police vehicle was marked as defence document Ex D-1. The signature of PW-5 as found in the summons taken as Court Exhibits EX C-1.
4. The trial Court held them guilty of the charges and sentenced them as below:
(i) A-1, A-2 and A-5 :- For offence under section 489-B IPC, Ten years rigorous imprisonment and fine of Rs.10,000/- In default 6 months simple imprisonment and for the offence under section 489-C IPC, Seven years rigorous imprisonment and fine of Rs.10,000/- in default 6 months simple imprisonment.
(ii) A-3 and A-4:- For offence under section 489 - B r/w 34 IPC -Ten years rigorous imprisonment and fine of Rs.10,000/- In default 6 months simple imprisonment and for the offence under section 489-C IPC Seven years rigorous imprisonment and fine of Rs.10,000/- in default 6 months simple imprisonment.
5. For the sake of convenience, the appellants are described by their name and ranking assigned by the trial Court.
6. Case of the prosecution:
On 31/03/2009 at about 13.00 hrs, based on a secret information received by PW-1 - Palaniselvam, the Inspector of Police attached to Central Crime Branch, Chennai, he along with his team of Police and his Informant went to the Ramapuram Peepul (Arasamaram) Bus stop and keeping surveillance. At about 13.10 hrs, his Informant identified A-1 (Dinakaran @ Adthiya) who came in a Hero Honda CDZ Motor cycle bearing registration No.TN 07 P 4095. When A-1 was intercepted and enquired about any possession of counterfeit currency, A-1 admitted possession of counterfeit fake currency and handed over 100 notes of 1000 rupees denomination. On verification of the currency, PW-1 found that the serial numbers of the currency found in the upper panel and lower panel differed found in the upper panel and lower panel. Therefore, the fake currency (1000 x 100), the cellphone, Nokia model 2310 and the Motorcycle was seized under mahazar - (Ex P-2).
7. Based on the information given by A-1, his residence at Plot No.70, Kothagiri Nagar Main Road, Kothagiri Nagar, Ramapuram was searched. From the suitcase concealed in the kitchen loft 328 notes of 1000 rupees denomination, 1261 notes of 500 rupees denomination and 3 notes of 100 rupees denomination and a house lease deed document were recovered under mahazar Ex P-5. Further, in his confession, A-1 informed that about 2 months prior to that day, he purchased fake currency of face value 13 lakhs from one Thiyagarajan (A-5) for rupees one lakh. From out of it, he sold Rs.80,000/- face value of fake currency to Kothandarao (A-2) of Padalam after getting Rs.20,000/- from him.
8. Based on the said information given by A-1, PW-1 and his team along with A-1 went to No.7, K.M.Garden, Pattalam, which is the residence of A-2. The search resulted in recovery of 100 notes of 1000 rupees denomination, 100 notes of 500 rupees denomination, 2 bundles of light blue colour cutting papers of 50/- rupees note size and two mobile
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