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2019 Supreme(Tri) 26
IN THE HIGH COURT OF TRIPURA AT AGARTALA
S. Talapatra, J.
Shri Bishu Ranjan Das, son of Shri Ketaki Ranjan Das – Appellant
Versus
The State of Tripura – Respondent
CRL.A.07 of 2016
Decided On : 24-04-2019
Advocate Appeared:
For the Appellant : Mr. H.K. Bhowmik, Adv.
For the Respondent: Mr. A. Acharjee, Special P.P.
The central legal point established in the judgment is the requirement to establish the integrity of seized materials and the chain of custody in cases involving counterfeit currency.
Headnote:
Counterfeit Currency - Criminal Law - Section 489C of the IPC - Summary: The court discussed the evidence related to the seizure of counterfeit currency notes, the lack of proof of mens rea, and the integrity of the seized materials. It highlighted the importance of establishing the chain of custody and the integrity of the seized sample. The court ultimately set aside the judgment of conviction due to the lack of evidence and benefit of doubt.
Fact of the Case:
The appellant was convicted under Section 489C of the IPC for possessing counterfeit currency notes. The prosecution's case was based on the seizure of counterfeit currency from the appellant's person, but the defense challenged the seizure and lack of evidence of mens rea.
Finding of the Court:
The court found that the evidence presented did not establish the integrity of the seized materials, the chain of custody, or the mens rea of the appellant. As a result, the judgment of conviction was set aside on the benefit of doubt.
Issues: The key issues were the validity of the seizure of counterfeit currency, the lack of evidence of mens rea, and the integrity of the seized materials.
Ratio Decidendi: The court emphasized the importance of establishing the chain of custody and the integrity of seized samples in cases involving counterfeit currency. It held that in the absence of evidence of mens rea and the integrity of the seized materials, the offense under Section 489C of the IPC could not be proven.
Final Decision: The appeal was allowed, and the judgment of conviction and sentence were set aside.
ORDER :
Heard Mr. H.K. Bhowmik, learned counsel appearing for the appellant as well as Mr. A. Acharjee, learned special P.P. appearing for the state.
2. This is an appeal under Section 374(2) of the Cr.P.C. from the judgment dated 03.03.2016 delivered in Sessions Trial 27(NT/K) of 2014 by the Sessions Judge, Unakoti Judicial District, Kailashahar. By the said judgment, the appellant has been convicted under Section 489 (C) of the IPC having found that counterfeit currency notes were in his possession on knowing or having reason to believe the same were to be counterfeited and intending to use the same as genuine or it might be used as genuine. Pursuant to the said conviction, the appellant has been sentenced to suffer rigorous imprisonment for 5(five) years for commission of offence punishable under Section 489C of the IPC.
3. The prosecution against the appellant commenced when a secret source informed PW-11 [Bibhas Ranjan Das] who was the officer-in-Charge of Irani out post that one young boy who acts as the carrier of the counterfeit currencies would carry and pass through Nayapattan to Laxmipur through the field and on the basis of that tip, the police with and without uniform placed an active surveillance over that area. When the appellant was coming through the field and reached the place nearby Laxmipur tri-junction one Fakrul Islam, the police constable caught him red-handed and detained. PW-11 has stated in his complaint, made to the officer-in-Charge Kailashahar P.S., that in presence of the local witnesses, he searched the person of the appellant and found 27 (twenty seven) fake counterfeit Indian currency notes with denomination of Rs.500/- kept concealed inside the socks of the right leg of the appellant. He seized those currency notes and detained the accused person. In the said complaint, it has been stated that the appellant had confessed to PW-11 that one Abdul Razzak and Abdul Sahid circulated those fake currency through the appellant. In terms of the said written complaint dated 15.11.2013, along with the seizure list and the arrest memo, Kailashahar P.S. Case No.16/13 under Section 489B/489C/34 of the IPC was registered and taken up for investigation. It appears from the records that on investigation, no material was found against Abdul Razzak or Abdul Sahid and hence, the final police report only incriminated the appellant herein. After providing the police papers to the appellant, the case was committed to the court of the Sessions Judge, North Tripura Judicial District, Kailashahar as the said offence is exclusively triable by the Court of Sessions. The Sessions Judge, having taken the cognizance framed the charge against the appellant under Section 489C of the IPC for possessing the counterfeit currencies to the value of Rs.13,500/- and to use the same as genuine and hence, the appellant was asked whether he would admit that charge or not. The appellant denied the charge, pleaded innocence and claimed for trial.
4. In order to substantiate the charge, the prosecution has introduced as many as 12(twelve) witnesses, however, PW-11 and PW-12 is the same person. It is no doubt innovative, to cite the same person as two witnesses. But that approach is highly unacceptable. That apart, the prosecution has admitted in the evidence two seizure lists [Exbts.1 and 2], hand sketch map [Exbt.5], report of the Tripura State Forensic Science Laboratory [SFSL] with its forwarding note [Exbts.6 and 7] and the extract copy of the GD entry No.312 dated 15.01.2013 containing the secret information [Exbt.8]. No other materials including the counterfeit currencies were proved on the evidence. After the evidence by the prosecution was recorded, the appellant was examined under Section 281 read with Section 313 of the Cr.P.C. on the incriminating materials those surfaced in the evidence. The appellant repeated his plea of innocence and claimed that he has been framed falsely in the case. Having appreciated the materials placed on
