IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 19 of 2014 Imam Hossain @ Emam Hossain -Vs-

The State of West Bengal For the Appellant : Mr. Soham Banerjee (Amicus Curiae)

For the State : Mr. Bidyut Kumar Roy Ms. Rita Dutta Heard on : 05.03.2024, 02.05.2024, 04.09.2024 Judgment on : 22.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against judgment of conviction dated 21.12.2013 and order of sentenced dated 23.12.2013 passed by Learned Additional Sessions Judge, 2nd Court, Malda in Sessions Case No.111/2013, corresponding to Sessions Trial No.16/2013 in G.R. Case No.5330/2012, arising out of Baishnabnagar P.S. Case No.307/2012 dated 11.12.2012, thereby convicting the appellant for commission of offence under Section 489C of the Indian Penal Code, 1860 and thereby sentencing the appellant to suffer rigorous imprisonment for 4 years and a fine of Rs.30,000/- in default to suffer rigorous imprisonment for a further period of 1 year for commission of offence under Section 489(C) of the Indian Penal Code.

2. The prosecution case precisely stated that complainant P.S.I. Bitul Paul attached to the Baishnabnagar P.S. arrested the appellant with two bundles of 200 pieces of Indian Fake Currency Notes of denomination of Rs.1000/- each along with one white colour poly carry bag and one red colour ZEN Mobile Phone fitted with Vodafone Sim Card being no.9734827499 with battery in running condition, one Voter Identity Card in the name of Imam Hossain, son of Majibur Rahaman, one Motor Cycle YAMAHAALBA 106 Black and Blue colour bearing registration no.WB66G/6187 and one Coffee colour full sleeve winter jacket which had been seized as alamat under proper seizure list. T complaint against the accused person named Imam Hossain stated that on 11.12.2012 at 13:15 hrs., on receipt of a source information of illegal procurement and transportation of large amount of FICN might occur through Telipara Ghat under Baishnabnagar P.S., the said fact was noted in General Diary vide G.D.E. No.449 dated 11.12.2012 and the matter was informed to the I.C., Baishnabnagar P.S. at 13:25 hrs. The complainant along with force of Baishnabnagar P.S. left Fort Telipara Ghat area in a Govt. vehicle bearing Registration no.WB24/1239 to act on the information, which referred to Baishnabnagar P.S. GDE No.450 dated 11.12.12 and at about 14:25 hrs., they reached near at Telipara Ghat Side and laid on ambush near around Telipara Bridge. At 15:05 hrs., they noticed one person coming from Deonapaur Side towards Telipara Ghat by motor cycle which was duly identified by the source. As he came near the police, he was restrained and detained and eventually disclosed his identity. Four available chance witnesses namely 1) Dibyendu Sarkar, son of Anil Sarkar of Sabdalpur, 2) Prokash Ch. Ghosh, son of Montu Ghosh of Nurnagar, 3) Lalchand Singh, son of Late Bhusan Singha of Sabdalpur and 4) Kalipada Mondal, son of Late Schindra Nath Mondal of Sabalpur, all of P.S. Baishnabnagar, District – Malda were summoned and on being asked the said detained person disclosed his identity. Observing all formalities, the complainant commenced search in respect of his person in presence of the said available chance witnesses. During search of Imam Hossain in respect of his person complainant recovered one bundle of Indian Currency which seemed to be fake in denomination valued of Rs.1000/- each total 100 pieces valued Rs.1,00,000/- (one lakh) and another bundle of Indian Currency seemed to be fake in denomination valued of Rs.1,00,000/- (one lakh) both wrapped in a white colour poly carry bag concealed in left side up-per inner pocked of the jacket worn by him and recovered red colour zen Mobile Phone fitted with Vodafone SIM Card no. 9734827499 and one voter Identity card in the name of Imam Hossain. On preliminary interrogation the accused person admitted that he procured or brought or trafficked the F