2013 Supreme(P&H) 895
IN THE HIGH COURT OF PUNJAB AND HARYANA
The Hon’ble Mr. Justice Inderjit Singh
Criminal Appeal No.S-336-SB of 2003
Parveen Kumar
v.
State of Haryana
{Decided on 22/10/2013}
For the Appellant:Mr. Jasmer Singh Rozera, Advocate.
For the Respondent-State:Mr. Subhash Godara, Additional Advocate General, Haryana.
Headnote:(A) Indian Penal Code, 1860, S.489-C--Counterfeit Currency Notes--Recovery of—Knowledge of accused--Held; Accused made disclosure statement and got recovered 26 counterfeit currency notes from his house and the said notes were kept in a container--This fact itself shows that appellant was having the knowledge that these currency notes are fake one--Accused convicted. (Para 11)
(B) Indian Penal Code, 1860, S.489-C--Counterfeit Currency Notes--Recovery of--Mere non joining of independent witness during recovery does not make prosecution version doubtful--Held; As there is no cogent evidence on record to prove any enmity or motive of the police officials, therefore, only on the ground of their official status, their statements cannot be discarded. (Para 11)
Mr. Inderjit Singh, J.:- Appellant Parveen Kumar has preferred the instant appeal against the judgment of conviction dated 07.02.2003 and order of sentence dated 10.02.2003, passed by Additional Sessions Judge, Karnal, vide which he has been held guilty for the commission of offence punishable under Section 489-C IPC and accordingly convicted and sentenced to undergo rigorous imprisonment for a period of 3½ years under the aforesaid Section. However, appellant has been acquitted of the charge framed against him under Section 489-B IPC.
2. Brief facts of the prosecution case are that on 22.01.2002, when Sub Inspector Azad Singh alongwith other police officials was on patrol duty, he received a secret information against the accused that he was having counterfeit currency notes of the denomination of Rs.100/- in his possession and he was present at Jundla Gate, Karnal for circulating the same. On receiving the said information, ruqa was sent to the police station on the basis of which FIR was registered. Then the police party raided the spot and apprehended the accused. On his personal search, ten counterfeit currency notes of the denomination of Rs.100/- each were recovered. The said currency notes were taken into police possession. Accused was arrested and during interrogation when the accused was in police custody, he made a disclosure statement that on 24.01.2002 he had twenty six counterfeit currency notes of the denomination of Rs.100/- each and in pursuance thereof, he got recovered the same. After necessary investigation, challan against the accused was presented before the Court.
3. On presentation of challan, copies of challan and other documents were supplied to accused under Section 207 Cr.P.C. Finding a prima facie case against the accused, he was chargesheeted for the commission of offence punishable under Sections 489-B and 489-C IPC to which he pleaded not guilty and claimed trial.
4. The prosecution, in support of its case, examined PW1 Mohinder Kumar, D.I. Karnal, who mainly deposed regarding preparing of report under Section 173 Cr.P.C. PW2 Head Constable Randhir Singh, who was posted as MMHC in Police Station City Karnal, on 22.01.2002, deposed regarding depositing one envelope containing ten counterfeit currency notes of the denomination of Rs.100/- each with him. He also deposed regarding depositing 26 counterfeit currency notes of the denomination of Rs.100/- each on 24.01.2002. He deposed that he handed over these currency notes on 13.02.2002 to Constable Lakhwant Singh for depositing the same in the office of Forensic Science Laboratory for analysis. This witness also deposed that sample seal was also deposited by the Investigating officer. He (PW2) also deposed that the envelopes were sealed with the seal of ‘AS’. PW3 Constable Lakhwant Singh mainly deposed regarding depositing the parcel, containing 36 counterfeit currency notes of the denomination of Rs.100/- each, in the office of Forensic Science Laboratory for analysis. PW4 ASI Bal Kishan mainly deposed regarding registering the FIR Ex.PB after receiving ruqa Ex.PA. He also deposed regarding delivering the special report to Illaqa Magistrate etc. through Constable Balbir Singh. PW5 Head Constable Joginder Singh deposed regarding the investigation as he was with the police party headed by Sub Inspector Azad Singh. PW6 Head Constable Jagdish Chander mainly deposed regarding disclosure statement Ex.PE made by accused during interrogation and also regarding recovery of 26 counterfeit currency notes of the denomination of Rs.100/- each which were taken into police possession vide recovery memo Ex.PF. PW7 Sub Inspector Azad Singh, Investigating Officer of this case, mainly deposed regarding the investigation conducted by him in the present case. PW8 Gulshan Rai, Assistant Director (Documents), Forensic Science Laboratory, Madhuban, proved his report Ex.PM after examining currency notes and in the said report, it is stated that these notes were f