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2015 Supreme(P&H) 2293
IN THE HIGH COURT OF PUNJAB AND HARYANA
DARSHAN SINGH, J.
IQBAL SINGH AND OTHERS – Appellant
Vs.
STATE OF PUNJAB – Respondent
CRA-S-1672-SB of 2003, CRA-S-2003-SB of 2003 and CRA-S-754-SB of 2004
Decided on : 21-12-2015
Advocate Appeared:
For the Appellant :H.S. Thiara, Advocate
For the Respondent: Manjit Singh Naryal, Adv
Possession and involvement in counterfeiting of currency notes, expert testimonies, and previous criminal records were crucial in establishing guilt and modifying the sentences of the appellants.
Headnote:
Counterfeit Currency - Indian Penal Code - Sections 489-A, 489-C, 489D - The judgment discusses the events leading to the prosecution, the recovery of fake currency notes, and the defense pleas raised by the accused. The court analyzed the evidence, including expert testimonies, and concluded that the accused were in possession of counterfeit currency notes and instruments for counterfeiting. The court rejected the defense pleas and upheld the conviction of the appellants. The sentence of the appellants was modified based on their involvement and previous criminal records.
Fact of the Case:
The prosecution was based on the recovery of fake currency notes and instruments for counterfeiting. The accused raised defense pleas, alleging false implication by the police. The defense evidence was examined, and the court found the accused guilty based on the recovery of counterfeit currency notes and instruments.
Finding of the Court:
The court found the accused guilty based on the recovery of counterfeit currency notes and instruments. The defense pleas were rejected, and the court upheld the conviction of the appellants.
Issues: The main issue was the possession of counterfeit currency notes and involvement in counterfeiting. The defense raised issues of false implication and lack of evidence connecting the accused to the recovered items.
Ratio Decidendi: The court relied on the recovery of counterfeit currency notes, expert testimonies, and the lack of evidence supporting the defense pleas. The court also considered the previous criminal records of the appellants in modifying their sentences.
Final Decision: The court dismissed the appeals, affirmed the conviction of the appellants, and modified their sentences based on their involvement and previous criminal records.
Darshan Singh, J.
This judgment shall dispose of all the three appeals against conviction, mentioned above which have arisen out of the same judgment dated 25.08.2003, vide which the appellant Baldev Singh has been held guilty and convicted for the offences punishable under Sections 489-A, 489-C and 489D of Indian Penal Code (for short 'IPC') and appellants Iqbal Singh, Sukhwinder Singh and Munna Lal have been held guilty and convicted for the offences punishable under Section 489C IPC and have been sentenced as under:--
2. The sequence of the events leading to this prosecution are that on 23.09.2001, PW-2 SI Bhupinder Singh along with other police employees received a secret information, while holding Nakabandi in front of Atwal Petrol in the area of Urban Estate, Phase-II main road Patiala, that appellants Iqbal Singh, Sukhwinder Singh @ Sukha and Baldev Singh were dealing in fake currency notes. They give the fake currency notes of Rs. 20,000/- of denomination of Rs. 100/- each in lieu of Rs. 10,000/- of genuine currency notes. It was also informed by the informant that they purchase articles for Rs. 10/- by giving 100/- rupee fake currency note and get back the balance amount in genuine currency. It was also disclosed that they all the three had gone towards Rajpura on motorcycle and scooter with fake currency notes. If, the raid is conducted, they can be apprehended with huge quantity of fake currency notes. At this, SI Bhupinder Singh sent ruqa Ex. P-2 to the Police Station. On the basis of which, the formal FIR Ex. P2/1 was registered.
3. SI Bhupinder Singh along with police officials searched for the accused, but they could not be apprehended on that day. On 24.09.2001, SI Bhupinder Singh was present near Sadhu Bela behind Punjabi University, Patiala, Ex-Sarpanch Sukhdev Singh, Mirzapur met the police party and started talking and in the meanwhile appellants Sukhdev Singh (Sukhwinder Singh) along with appellant Iqbal Singh came on scooter bearing registration No. PJV-6721. On seeing the police party, they tried to return, but were apprehended. On the personal search of appellant Iqbal Singh, 42 currency notes of denomination of Rs. 100/-each were recovered from the right side pocket of his shirt. 30 fake currency notes of the denomination of Rs. 100/- each were recovered from the right side pocket of the shirt of appellant Sukhdev Singh (Sukhwinder Singh). On search of their scooter 208 fake currency notes of denomination of Rs. 100/- each were recovered from the dicky of the scooter. These currency notes were taken into possession vide memo Ex. P3, Ex. P-4 and Ex. P-5 respectively along with scooter.
4. On interrogation, they disclosed that their companions Simranjit Singh @ Vicky and appellant Baldev Singh can be apprehended from Mansahia Kothi near Railway Crossing No. 21. On receiving this information, the police party raided said Mansahia Kothi and apprehended Simranjit Singh and appellant Baldev Singh, who were sitting in front of the computer in that kothi. The printer was working and on one side of the paper the photograph of Mahatma Gandhi was printed whereas, the other side was yet to be printed. 580 notes of denomination of Rs. 100/- each were lying on the bed which were of different series. The said currency notes and 50 white papers taken into possession vide memo Ex. P-8. The coloured printer, CPU, Key-Board, Monitor, C.V.T, Board (Phatta), Blade/Cutter, 6 Leads and Mouse were taken into possession vide memo Ex. P-9. Simranjit Singh and appellant Baldev Singh disclosed that one Munna Lal, Rajesh Kumar and Tarkal had also taken notes worth Rs. 90,000/- from them. On 02.10.2001, SI Bhupinder Singh apprehended Munna Lal and Rajesh Kumar. 48 currency notes of denomination of Rs. 100/- each wrapped in a glazed paper were recovered from the pocket of the shirt of Munna Lal which were taken into possession vide memo Ex. P-12. On the personal search of Rajesh Kumar (Since deceased), the fake currency notes
