Order on Board

Per Ramesh Sinha, C.J.

23/01/2025

1. The matter has been listed for consideration on I.A. No. 1 of 2024 and with the consent of the parties, the matter has been heard finally.

2. The present appeal has been filed against the impugned judgment of conviction and sentence dated 09.08.2024, passed by learned Special Judge (NIA) Bilaspur, in Special Case (NIA) No. 10 of 2019, whereby Digitally signed by VEDPRAKASH DEWANGAN the learned trial Court has convicted the appellant for the offence under Section 489-C of IPC and sentenced him for R.I. for 5 years with fine of Rs. 1000/-, in default of payment of fine, further R.I. for 1 month.

3. The brief facts of the case are that on 22.02.2018, the Sub-Inspector of Police Sunil Das (PW-11) received a secret information that two unknown persons were roaming near Farsabahar Block Office and trying to trafficking the counterfeit currency notes and in search of prospective purchasers. The PW-11 constituted a trap party including the police constables and independent witnesses and proceeded towards place of incident. On the spot they found two persons sitting on the motorcycle near Farsabahar Block Office. They disclosed their names as Onkar Yadav and Suresh Shrivas.

4. The PW-11/Sunil Das has informed them about the secret information and gave a notice/Exhibit P-23 for consent to be searched. The Talashi Panchnama/Exhibit P-2 was prepared after having search by the accused persons to the witnesses (PW-2 and PW-8). The police party have also given their own search to the accused persons and Panchnama/Exhibit P-3 was prepared. Thereafter, in presence of the witnesses, the accused Onkar Yadav was searched by the investigating officer and Panchnama/Exhibit P-4 was prepared. On being search, total 190 numbers of counterfeit currency notes of 200 denominations having series No. 3BN579622, one mobile phone and one motorcycle have been seized and seizure memo/Exhibit P-6 was prepared. The Talashi Panchnama of Suresh Shrivas was prepared vide Exhibit P-5 and from him one mobile phone has been seized vide seizure memo/Exhibit P-7. A notice under Section 91 of the CRPC has also been given to the accused Onkar Yadav. The accused persons have been arrested and their arrest has also been informed to their family members vide Exhibit P-35 and P-36.

5. During the investigation, the PW-11/Sunil Das has sent the seized counterfeit currency notes for its examination to State Bank of India, Farsabahar on 22.02.2018 along with the memo/Exhibit P-13. The examination report of the counterfeit currency notes have been sent by the State Bank of India, Farsabahar, which is Exhibit P-14. The FIR/Exhibit P-37 was registered. Spot map/Exhibit P-1 was prepared by the police and Exhibit P-8 was prepared by the Revenue Inspector. During the investigation, the RTO papers of the motorcycle has been seized on 12.04.2018 vide seizure memo/Exhibit P-29. The seized 190 items of counterfeit currency notes of 200 denominations were also sent for its examination to Bank Note Press, Devas, Madhya Pradesh from where the report Exhibit P-41 was received. The CDR/CAF of mobile No. 9399227606 has also been obtained from the service provider along with the certificate under Section 65-B of the Evidence Act, which is Exhibit P-26 and P-27 respectively.

6. The statement under Section 161 of the CRPC of the witnesses have been recorded and after completion of usual investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Kunkuri, District Jashpur. The case was committed to the Court of learned Sessions Judge, from where it has been transferred to the learned trial Court for its trial.

7. Learned trial Court has framed charge against the appellant for the offence under Section 489-B read with Section 34 and 489-C read with Section 34 of IPC. The appellant abjured his guilt and claimed trial. In order to prove the charge against the appellant, the prosecution has examined as many as 11 witnesse