Back
2011 Supreme(P&H) 289
2011(1) Law Herald (P&H) 670
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Kanwaljit Singh Ahluwalia
Criminal Appeal No.61-SB of 2002
Dalip Singh
v.
State of Haryana
{Decided on 25/01/2011}
For the Appellant:Mr. Namit Sharma, Advocate.
For the State: Mr. Sandeep Singh Mann, Senior DAG, Haryana.
IMPORTANT POINT
Forged Currency Notes--Counterfeit Currency--Acquittal--Mere change of number with the ink will not constitute an offence punishable under Section 489-C IPC
Headnote:Indian Penal Code, 1860, S.489-C--Forged Currency Notes--Counterfeit Currency--Acquittal--Mere change of number with the ink will not constitute an offence punishable under Section 489-C IPC--Accused had the requisite knowledge that notes found from his possession were fake notes and there is no material available to show that the accused also had the knowledge or reasons to believe that the notes in his possession were forged one--No--Evidence to prove that by using the ink, it was the accused, who had changed the number of notes. (Paras 17 & 18)
Mr. Kanwaljit Singh Ahluwalia, J.: - Appellant Dalip Singh was tried by the Court of Additional Sessions Judge, Panipat in a case FIR No.61 dated 25.01.1998 registered at Police Station Model Town Panipat under Sections 420, 511, 467, 468, 471, 474, 489-A, 489-C IPC.
2. The trial Court charged the appellant for offences punishable under Sections 420/511 IPC, 489-A and 489-C IPC. After conclusion of the trial, the Court vide its judgment dated 20th December, 2001, acquitted the appellant of offences under Section 420/511 and 489-A IPC, but convicted him under Section 489-C IPC for possession of forged currency notes and vide an order dated 21st December, 2001 sentenced him to undergo rigorous imprisonment for a period of one year.
3. Prosecution case, as contained in the FIR Ex.P12, is that ASI Pawan Kumar, In-charge of Police Post Kacha Camp, Panipat, along with his companion police officials, was present at Kabri Phatak on patrol duty, when one Manohar Lal appeared and disclosed that accused is residing in a rented house in Hari Nagar, Panipat and he can double Rs.50,000/- to Rs.1.00 lakh. Manohar Lal further told that the accused is having forged notes and in case raid is conducted, the accused can be apprehended red-handed. The police party, along with Manohar Lal and other officials, was proceeding towards the house of the accused, when on the way he was apprehended. On interrogation, the accused disclosed his name as Dalip Singh son of Piara Singh. The accused was carrying a suitcase in his hand, the key of which was taken from him and the suitcase was opened. It contained 52 notes in the denomination of Rs.100/-, 59 notes of Rs.50/-, 6 notes of Rs.10/- and two packets of white paper equal to the size of Rs.100/- note. On checking, it was found that two notes of Rs.10/- were having similar number i.e. 41Q807335, two notes of Rs.10/- were having similar number i.e. 41Q807334, two other notes of Rs.10/- were having similar number i.e. 46E786713, two notes of Rs.50/- were having similar number i.e. 4KU596633, two other notes of Rs.50/- were having similar number i.e. 4CE455133 and two notes of the denomination of Rs.100/- were having similar number i.e. 2BH722188. Two small plastic containers were also recovered from the accused, out of which one was containing white powder. ASI Pawan Kumar had sent a ruqa from the spot to the Police Station, on the basis of which a case was registered. The currency notes were sent to Government of India Bank Note Press, Dewas (Madhya Pradesh). The report Ex.P15 received from the Government Press reads as under:
“The notes of Rs.50/- deno. and Rs.100/- were received by post in sealed condition and are being sent herewith in sealed condition by regd. & insured post.
1. The notes of Rs.50/- deno. and Rs.100/- deno. marked as ‘A’ ‘A’ and ‘A’ respectively are genuine notes.
2. The notes of Rs.50/- deno. and Rs.100/- deno. marked as B,C and B respectively are forged notes. The last numerical in C(‘B’ at top and bottom), the last but one numerical in ‘B’ (‘B’ at top and bottom) and the last but one numerical in B (3 at top and bottom) have been changed in to 3, 3, 8 respectively by extra polation with red ink and removing the red ink.”
4. Prosecution examined HC Ram Kumar as PW-1, who stated that the currency notes and articles were taken in police possession vide memo Ex.P1. He is an attesting witness to the recovery memo. Inspector Randhir Singh PW-3 had prepared a report submitted under Section 173 Cr.P.C. SI Pawan Kumar PW-4 was the Investigating Officer.
5. Manohar Lal PW-2, who had informed the police officer and was associated by the police party as an independent person, was declared hostile as he had not supported the prosecution case.
6. Thereafter, prosecution closed its evidence and a statement of the accused appellant was recorded under Section 313 Cr.P.C. He denied all the incriminating circumstances put to him and pleaded false implication.
7. In defence, Lakhbir Singh appe
