The central legal point established in the judgment is the requirement to prove the accused's knowledge or reason to believe that the currency notes were forged or counterfeit, along with the intention to use the counterfeit notes as genuine. The judgment also emphasizes the importance of maintaining the integrity of seizure and establishing the chain of custody of the seized counterfeit currencies.

JUDGMENT :

Challenge in this appeal is the judgment and order of conviction and sentence dated 07.10.2015 passed by the Learned Sessions Judge, South Tripura, Belonia in connection with case No. S.T.58(ST/B) of 2013 whereby and whereunder the convict-appellant was sentenced to suffer rigorous imprisonment for 5(five) years and also to pay a fine of Rs.5,000/- with default stipulation for committing offence under Section 489-B of IPC. Further, he was sentenced to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Rs. 3,000/- with default stipulation for committing offence under Section 489-C of IPC.

2. The prosecution case was lodged on the basis of a complaint made by one Gouranga Batta, President of Brahma Puja Utsav Committee stating inter alia that on 20.12.2012 at about 1900 hours one Sadhan Ch. Shil Sharma appeared in the office of Brahma Puja Utsav Committee with one Rs. 500/- note with a view to exchange it from the cashier of the Utsav committee. Suspecting that the said Rs. 500/- note was fake and on being asked, the said Sadhan Ch. Shil Sharma disclosed that he received the same from Badsha Miah, the appellant herein. Badsha Miah was called on to the Utsav Committee and from him nine more fake notes of Rs.500/- denomination each were recovered. Upon receipt of that complaint, the investigation of the case was commenced and the fake currency notes were seized. The statements of the available witnesses were recorded and after completion of investigation, the investigating officer submitted the charge-sheet against the appellant.

3. Being committed to the Court of learned Sessions Judge, South Tripura, the case was transferred to the Court of Addl. Sessions Judge, Belonia, South Tripura who had framed the following charges against the appellant, which are as follows:-

“Firstly, that on 20.12.2012 at about 1900 hours at SBC Nagar, Garage Tilla under Belonia Police Station, had in your possession a forged or counterfeit Indian currency 10(ten) Nos. To wit, (1) 6HV 378962 (2) 6HV 378959 (3) 6HV 378951 (4) 6HV 378973 (5) 6HV 378984 (6) 6HV 378961 (7) 6HV 374249 (8) 6HV 378974 (9) 6HV 378960 & (10) 6HV 378964 of five hundred Indian currency each, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine and that you thereby committed an offence punishable under Section 489(C) of the Indian Penal Code and within the cognizance of this Court of Sessions.

Secondly, that on the same date, time and place you bought 3 Nos. chain at the value of Rs.50/- from the stationary shop of Raju Banik and gave him a currency note of Rs.500/- denomination vide No.6HV 378962 knowing or having reason to believe that the same to be forged or counterfeit and that you thereby committed an offence punishable under section 489(B) of the Indian Penal Code and within the cognizance of this Court of Sessions”

4. In course of trial, as many as nine witnesses were examined and some documents were introduced including the report of State Forensic Science Laboratory, Narsinghar, Tripura. After conclusion of trial and hearing the argument of both the parties, the learned Addl. Sessions Judge held the accused guilty for committing offences under Section 489-B & 489-C of IPC and sentenced him as aforestated.

5. I have heard Mr. D. Sarkar, learned counsel appearing for the appellant as well as Mr. Ratan Datta, learned P.P., appearing for the State-respondent.

6. Mr. Sarkar, learned counsel appearing for the appellant submits that the prosecution has miserably failed to establish the mens rea against the appellant. The investigating officer has never tried to find out the source of money wherefrom the appellant had received those fake currencies of five hundred rupees denominations. He further questioned the integrity of sealing and seizure of those currency notes. Mr. Sarkar, learned counsel has relied upon the two judgments passed by this High Court which are numbered as (1) CRL.A. No.22 of