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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT, J.
Lovepreet Singh - Appellant
Versus
State of Punjab - Respondent
CRA-S-904-SB-2005, CRA-S-972-SB-2005, CRA-S-974-SB-2005
Decided on : 02-06-2023
Counterfeiting - Criminal Appeals - Sections 489-A, 489-B, 489-C, 489-D IPC - The court convicted the appellants under various sections of the Indian Penal Code related to counterfeiting currency notes. The court found the appellants guilty based on the recoveries made and the expert testimony of the Treasurer, Reserve Bank of India, Chandigarh. The court acquitted the appellants of certain charges and reduced their sentences based on the circumstances of the case.
Fact of the Case:
The appellants were convicted and sentenced for counterfeiting Indian currency notes based on a raid conducted by the police, recoveries made from the appellants, and expert testimony. The appellants claimed innocence and argued that they were falsely implicated.
Finding of the Court:
The court found the appellants guilty based on the recoveries made and the expert testimony of the Treasurer, Reserve Bank of India, Chandigarh. The court also considered the lack of evidence to prove certain charges and reduced the sentences of the appellants based on their circumstances.
Issues: The main issue was whether the appellants were involved in counterfeiting currency notes and whether the evidence presented by the prosecution was sufficient to prove their guilt.
Ratio Decidendi: The court relied on the recoveries made from the appellants and the expert testimony of the Treasurer, Reserve Bank of India, Chandigarh to establish their guilt. The court also considered the lack of evidence for certain charges and reduced the sentences of the appellants based on their circumstances.
Final Decision: The court convicted the appellants under various sections of the Indian Penal Code related to counterfeiting currency notes, acquitted them of certain charges, and reduced their sentences based on the circumstances of the case.
JUDGMENT :
N.S.Shekhawat J.
1. This judgment shall dispose off three criminal appeals i.e CRAS-904-SB-2005 titled as "Lovepreet Singh Vs. State of Punjab", CRA-S-972-SB-2005 titled as "Gurdev Singh Vs. State of Punjab and CRA-S-974-SB-2005 titled as “Sandeep Singh Vs. State of Punjab as the same arise out of the common impugned judgment of conviction and order of sentence dated 26.04.2005, passed by the Court of Additional Sessions Judge, Fast Track Court, Ferozepur, whereby the appellants in these appeals were convicted and sentenced as under:-
| Appellant Gurdev Singh in CRA-S-972-SB-2005 | |
| Under Section 489-A | Rigorous imprisonment for six years and to pay a fine of Rs.5000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. |
| Under Section 489-D | Rigorous imprisonment for six years and to pay a fine of Rs.5000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. |
| Appellant Sandeep Singh in CRA-S-974-SB-2005 | |
| Under Section 489-B IPC | Rigorous imprisonment for six years and to pay a fine of Rs.5000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. |
| Under Section 489-C IPC | Rigorous imprisonment for three years and to pay a fine of Rs.2000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for three months. |
| Appellant Lovepreet Singh in CRA-S-904-SB-2005 | |
| Under Section 489-B IPC | Rigorous imprisonment for six years and to pay a fine of Rs.5000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for six months. |
| Under Section 489-C IPC | Rigorous imprisonment for three years and to pay a fine of Rs.2000,/-. In default of payment of fine, he shall further undergo rigorous imprisonment for three months. |
2. As per the case of the prosecution, SI Ajmer Singh along with other police officials were present at Old Talwandi Chowk, Main Bazar, Zira on 18.10.2004, where he received a secret information that Gurdev Singh, Sandip Singh and Lovepreet Singh, accused (the appellants in all these three appeals) were habitual of counterfeiting/forging Indian Currency Notes and were selling the same to the general public at half rate. On that day, they were having the material to counterfeit the Indian currency notes and were also in possession of the huge quantity of Indian currency notes of the denomination of Rs.100/- in packets. He was further informed that they were sitting in the area of Government College, Zira and were further planning to forge more Indian Currency notes. The secret informer told them that in case raid is conducted, they could be apprehended at the spot. On finding the information to be reliable, the ruqa was sent to the police station and the FIR in question was registered under Sections 489-A, B, C, D IPC against the appellants/accused.
3. After registration of the FIR, the police party raided at the ground of Government College, Zira, where all the three accused were apprehended from the spot. From the personal search of Gurdev Singh, appellant/accused, one computer printer-cum-fax-cum-copier, 2 1/2 reams of JK paper, one lead, 33 one sided printed Indian currency notes of the denomination of Rs.100/-, one computer guide book, sticker paper and two CDS were recovered. Ajmer Singh ASI took into possession of the aforesaid incriminating material and the recovery memo was duly attested by SI Harjinder Singh, ASI Bikram Singh and by one independent witness namely, Balwant Singh. From the personal search of accused Sandip Singh, 102 fake Indian currency notes of denomination of Rs.100/- having serial Nos. 7DC397126, 3CC241861 and 6KV484494 were recovered from the left pocket of his pant. The said currency notes did not have any water mark or security
Possession of counterfeit currency requires proof of mens rea; mere possession is insufficient for conviction under relevant IPC sections.
Possession of counterfeit currency alone does not warrant conviction under IPC Section 489A; trafficking established through possession leads to conviction under Sections 489B and 489C.
Prosecution must prove both knowledge and intent regarding the possession of forged currency; mere possession is insufficient for conviction under guiding statutes.
The central legal point established in the judgment is the requirement to prove possession of forged currency notes, knowledge of their counterfeit nature, and intention to use them as genuine in ord....
Mens rea is essential for conviction under IPC Sections 489B and 489C; mere possession of a counterfeit note without intent or knowledge does not constitute an offense.
Seizure of counterfeit currency notes – Disgrace of criminality is not to be inflicted upon in an individual which is crucial for maintaining public confidence in legal system.
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