Patna High Court
Munni Lal Sahni vs The State Of Bihar on 22 December, 2014
Author: Gopal Prasad
Bench: Gopal Prasad
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.961 of 2012
Arising Out of PS.Case No. -null Year- null Thana -null District- -West Champaran
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Munni Lal Sahni, son of late Ram Avatu Sahani @ Ram Avatar Sahani, resident of
village Thakaraha, P.S. Thakaraha, district West Champaran .... Appellant
Versus
The State of Bihar .... Respondent
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Appearance :
For the appellant : M/S Ranjan Kumar Jha & Chy. P.K.
Thakur, Advs.
For the respondent : Mr. S.N. Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL JUDGMENT
Date: 22-12-2014
Gopal Prasad, J. Heard the learned counsel for the appellant and the
State.
2. The appellant has been convicted under Section
489B of the Penal Code and sentenced to undergo rigorous
imprisonment for ten years with a fine of rupees five thousand
and, further, convicted under Section 489C of the Penal Code
and sentenced to undergo rigorous imprisonment for five years
and has, further, been ordered that for non-payment of fine
shall undergo simple imprisonment for six month. It has,
further, been ordered that all the sentences shall run
concurrently.
3. The prosecution case, as alleged in the written
report that secret information was received by the informant,
Md. Parvez Ali, Officer-in-Charge of Nautan Police Station on
20.10.2008that a Commander Jeep, bearing registration no.
BR-05-AP-1851 is going from Telua to Bettiah on which a person, aged 55 years, dressed in dhoti and Kamiz is going with counterfeit notes. On the secret information, the Patna High Court CR. APP (SJ) No.961 of 2012 dt.22-12-2014 2/6 informant along with Chowkidarm 5/4, Shambhu Yadav, Chowkidar 4/4, Ghora Yadav, Dafadar, Ashesher Yadav, Chowkidar and harendra Hajra, son of Bandhu Hajra proceeded to raid and reached village Jhakra Nautan Chowk and from there, at a distance of 100 yards north reached in an orchard and hide themselves. In the meantime, the Commander Jeep coming was asked to stop, 3-4 persons from the vehicle started fleeing away. The informant along with his party chased and caught hold one person, who disclosed his name as Munni Lal Sahni. Thereafter, in presence of two independent witnesses, Anil Ram and Dharmendra Paswan, search of Munni Lal Sahni was done and during the search a packet wrapped in lungi recovered from his shoulder and from the packet 180 notes of rupees five hundred denomination was recovered. On enquiry Munni Lal Sahni disclosed that these notes were counterfeit and has been given by one Manoj Prasad about one day prior with an instruction to take it to Bettiah Check Post. He, further, stated and disclosed that the person who have fled away were Hari Lal Sahni and Sipahi Sahni, both residents of village Telua, P.S. Nautan, who used to do the business of counterfeit notes and reside at the house of Hari Lal Sahni. One hundred and eighty counterfeit notes of rupees five hundred denomination were seized for which a seizure list was prepared and, thereafter, along with Munni Lal Sahni, the informant proceeded for further raid to village Dabaria and at the instance of Munni Lal Sah, Manoj Prasad was arrested. On the written report of the informant, the first information report lodged the investigation proceeded and charge sheet submitted for offence under Section 489B and 489C of the Penal Code, Patna High Court CR. APP (SJ) No.961 of 2012 dt.22-12-2014 3/6 against Munni Lal Sahni, Manoj Prasad, Hari Lal Sahni and Sipahi Sahni and after investigation the charge sheet submitted against all the four accused persons case committed to the Court of sessions after taking cognizance and after commitment the trial proceeded after framing of charge.
4. During the trial, ten witnesses were examined by the prosecution and various documents proved as Exhibits, which are Exhibits 1 to 6.
5. The trial Court taking into consideration of the evidence of the witnesses convicted the appellant, but, acquitted the other three co-accused, Hari Lal Sahni, Manoj Prasad and Sipahi Sahni.
6. The learned counsel for the appellant has challenged the order of conviction and sentence recorded by the trial Court and it has been submitted that mere possession of counterfeit currency notes not an offence unless it is established that the appellant has mens rea and had both possession and knowledge or reason to believe that the currency note were counterfeit, which are the necessary ingredients to constitute offence. It is, further, submitted that there is neither any evidence that the appellant was using the counterfeit currency notes as a genuine where there is evidence that the appellant has possessed the counterfeit notes with a knowledge or reason to believe that the currency notes were counterfeit notes. It has, further, been contended that the appellant has already been remained in jail for about six years and two months. It has, further, been contended that seizure list witnesses have turned hostile as not supported the prosecution case.
Patna High Court CR. APP (SJ) No.961 of 2012 dt.22-12-2014 4/6
7. The learned counsel for the State, however, supported the order of conviction and sentence that the appellant has been arrested and from his possession one hundred and eighty counterfeit notes of rupees five hundred denomination have been recovered and the manner in which he behaved by fleeing away from the jeep indicates that he had knowledge and there is reason to believe that he has knowledge about the currency notes.
8. The prosecution case, as alleged that the police on information apprehended the jeep and caught hold of the appellant along with three more persons and from the possession of appellant one hundred and eighty counterfeit notes of rupees five hundred denomination were recovered which was wrapped in a lungi and kept on his shoulder and on arrest a disclosure was made that he has been asked to carry it to Bettiah Check Post, however, the police apprehended the appellant and sent the currency notes for it's examination and during the investigation got the report. The report has been marked as Exhibit 6 under Section 294 of the Criminal Procedure Code as the order sheet suggests that the report has been admitted without any objection as no party has objected. The notes were not produced in Court. It is true that the witnesses of the seizure list, P.Ws. 3 and 4 have turned hostile and not supported the prosecution case. P.Ws. 5 and 6 ahs also not supported the prosecution case and have been declared hostile. However, the other witnesses P.Ws. 1, 2, 7, 8 and 9 have supported the prosecution case regarding the recovery of one hundred and eighty counterfeit notes of rupees five hundred denomination. However, it has come in evidence that Patna High Court CR. APP (SJ) No.961 of 2012 dt.22-12-2014 5/6 the appellant on arrest disclosed that he has got the notes for carrying to Bettiah Check Post, but, these statements are only the statement of the appellant before police, which is not admissible in evidence and except that there is no other evidence to suggest that the appellant has used the counterfeit notes, recovered from his possession as genuine, forged or counterfeit currency notes.
9. From the perusal of the provision, contained in Sections 489B and 489C of the Penal Code, it is apparent that it shows the mens rea of the offence under Section 489B and 489C of the Penal Code is nothing or having reason to believe that currency notes or bank's notes are forged or counterfeit when the aforesaid mens rea even using the counterfeit notes is not enough to constituted an offence. More over, mere possession of counterfeit notes or even intending to use the forged or counterfeit notes is not sufficient to make out a case for offence under Section 489C of the Penal Code in absence of a mens rea or the evidence that the appellant was using it with the knowledge or having reason to believe that he was using it with the knowledge that these are forged, fabricated or counterfeit notes.
10. However, having regard to the fact that going into the entire evidence there is no iota of evidence to suggest that the appellant has knowledge or there was reason to believe that the notes recovered from his possession were counterfeit notes nor there is evidence that he was using the notes it to be counterfeit notes, more over, in the statement under Section 313 of the Criminal Procedure Code no question has been put to the appellant that he was in possession of the counterfeit Patna High Court CR. APP (SJ) No.961 of 2012 dt.22-12-2014 6/6 notes with his knowledge that the same was counterfeit notes, but, no question asked in statement under Section 313 of the Criminal Procedure Code that whether he had knowledge or there was a circumstance to infer that there was reason to believe that appellant has knowledge or reason to believe that he was having the counterfeit currency notes for using it or intending to use the same as genuine, hence, the proof of the basis ingredients for constituting the offence is missing in the fact proved by the prosecution.
11. Hence, having regard to the facts and circumstances of the case, I find and hold that the prosecution has not been able to prove the charge, leveled against the appellant for offence under Sections 489B and 489C of the Penal Code, hence, the order of conviction recorded by the lower Court is set aside the appeal is allowed and the appellant is acquitted of the charge. The appellant is ordered to be released forthwith if not wanted in any other case.
(Gopal Prasad, J) The Patna High Court The 22nd day of December, 2014 N.A.F.R., SA/-
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