Possession of a significant quantity of fake currency without adequate explanation establishes requisite mens rea for conviction under IPC.

1. This criminal appeal challenges the judgement and order of conviction passed by learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No. 46 of 2015 arising out of Sessions Case No. 51 of 2015. On 30th November, 2017 Samsad Ansari alias Samsad alias Mithun stood convicted for committing the offence to be punishable under S.489B and S.489C of the Indian Penal Code .

2. Briefly stated, Rajesh Bishnoi, D.S.P., CBI, EOU - VI, New Delhi (Camp Malda) informed the S.P. CBI, EOU - VI in writing that Samsad Ansari alias Mithun, Son of Late Tawaraf Hossain of Damodarpur, P.S. Kati, District - Muzaffarpur, Bihar, aged about 22 years, a slum dwelling young man of 5'2", who is engaged in the illegal activities of trafficking and smuggling of fake Indian Currency Notes (herein after referred to 'FICNs'), would be carrying huge quantity of FICNs from Muzaffarpur, Patna for its circulation and onward delivery to some unknown person in Malda on 27th September, 2014. With the approval of his superior authority the informant along with Ajaid Singh, ASP, CBI and A.D. Prasad, DSP, CBI, EOU - VI, New Delhi reached New Farakka on 26th September, 2014 where Ashish Kr. Pandey, Sub-Inspector was already camping. Jagdish Prasad, Constable also came on 27th September, 2014 at New Farakka. Both these officials were associated with the CBI Team. The informant confirmed that either on 27th September, 2014 or 28th September, 2014, the suspect would be carrying huge quantity of FICNs and reaching Malda Station by Patna - Malda Intercity Express in order to deliver the FICNs to his unknown associates. CBI team was camped at the Guest House of NTPC at New Farakka where the source came and met them and confirmed that the suspect would be arriving on 28th September, 2014. DRM, Malda was requested to depute two railway officials to witness the proceeding of the CBI team on 28th September, 2014. Sri Sunirmal Mondal, Chief Commercial Supervisor and Biswajit Dutta, Chief Parcel Clerk, Malda town were deputed. Both of them were requested to remain present at Malda, Eastern Railway Station at about 7.30 hours on 28th September, 2014. On the usual date Patna - Malda Intercity Express reached the Malda Railway Station at about 8.25 a.m. Passengers after detraining were proceeding towards the Exit Gate. The source then pointed out a person proceeding towards the Exit Gate wearing blue coloured jeans pants and blue and black check shirt with a black pittu bag. He was intercepted by the informant and other CBI officials and he was asked to disclose his identity. The man introduced himself as Samsad Ansari alias Mithun of Damodarpur, Muzaffarpur, Bihar and admitted that he was carrying FICNs. He was asked to take out the FICNs and to produce before the CBI Officials. Samsad Ansari took out a green colour polythene from the pittu bag he was carrying, opened the polythene packet containing six bundles of currency notes. Meanwhile many passengers assembled there but none of them was interested to be a witness to the proceeding. Having found it difficult to carry out further legal proceeding at the platform no. 1, the suspect Samsad Ansari was asked to keep the bundles of FICNs back in his pittu bag and was taken to VIP room of Malda Railway Station along with witnesses. Samsud Ansari was asked to take out all the contents from his bag and he obliged the CBI officials. Total six bundles of FICNs, five bundles of Rs. 1000/- and one bundle of Rs. 500/-, were found along with two lungies, railway ticket no. 68379780 for Patna - Maldah Town dated 27th September, 2014. One modern black colour Samsung duel SIM mobile phone containing