Calcutta High Court (Appellete Side)
Saleem @ Salim @ Saliem vs The State Of West Bengal on 12 March, 2020
Author: Shivakant Prasad
Bench: Shivakant Prasad
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Shivakant Prasad
C.R.A. No. 289 of 2016
With
CRAN 737 of 2020
Saleem @ Salim @ Saliem
Vs.
The State of West Bengal
For the appellant : Mr. A Patra
For the state : Mr. Ranabir Roy Chowdhury
Mr. Mainak Gupta
Heard on : 12.03.2020
Judgment on : 12.03.2020
Shivakant Prasad, J:-
This is an appeal against the judgment and order of conviction dated
06.04.2016passed by the learned Additional Sessions Judge, Fast Track 1st Court, Malda in Session Trial No. 02(01)/2016 arising out of Sessions Case No.528 of 2015 whereby the appellant was convicted and sentenced for the charge under Section 489C of the Indian Penal Code.
The prosecution case in the instant appeal is as follows:
Prosecution case is that one SI- Subir Kr. Sarkar then posted at Kaliachak P.s., lodged a written complaint at P.S. that on 13.07.2015 at 17:45 hours he received information over telephone from field 'G' 3, Farakka, SHQ, BSF, Malda, about dealing of huge quantity of FICN about to take place at Ghariallychak near Panchtara Mosjid and sought for assistance of police. He entered the information in G.D. No. 592, dated 13.07.2015 and informed I.C., Kaliachak P.S. who directed him to proceed with B.S.F. personnel to work out the information. He along with the police team consisting constable Misbaul hoque, Shankar Sardar and Biplab Rabidas left the P.S. to work out the information and reached near Panchtara Mosjid at about 18:05 hours and met with B.S.F. personnel who told him about the information. He requested local persons to assist thm and two persons, namely, Sahajahan and Daru agreed to assist them. At about 18:25 hours the source of B.S.F. indicated a person at a distance who was proceeding towards Chowrangee more to avail bus, was detained and on interrogation he disclosed his identity and after search as per rules huge amount of fake Indian Currency Notes were recovered, kept by him under his lungee of both sides of his waist, it was Rs.1,00,000/- of FICN thereafter the notes were seized and seizure list was prepared and accused was arrested.
On completion of investigation, charge-sheet under Sections 489B/489C of the IPC was submitted and trial started with the framing of charges to which the accused/appellant abjured of guilt.
Thereafter, the prosecution examined as many as 9 witnesses to substantiate the charges. But at the end, the learned Trial Court found the accused/appellant guilty of the charge under Section 489C of the IPC and sentenced him to suffer rigorous imprisonment for a period of 5 years and to pay a fine of Rs.10,000/-, in default, the appellant is to suffer rigorous imprisonment for 6 months more with direction that the pre-trial detention undergone by the accused/appellant be set off from the substantive period of sentence.
The appellant was found with the possession of Fake Indian Currency Notes (hereinafter referred to as "FICN") of Rs.1,00,000/- (Rupees one lakh only) and railway ticket which were seized under the seizure list and the recovery of 200 pieces of Rs.500/- denomination FICN was found and were tested to be fake Indian currency notes.
Having heard the learned advocates for the parties and having perused the judgment impugned, I do not find any sufficient ground to interfere into the judgment impugned.
This Court has obtained a report from the Superintendent, Berhampore Central Correction Home through the learned Registrar Administration (L & OM) wherefrom it is revealed that the appellant has already undergone the substantive period of sentence and is now undergoing sentence due to non- payment of fine amount.
Finding that there is no ground to interfere into the decision arrived at by the learned Judge and was also in respect of the punishment inflicted on the appellant, the appeal being CRA 289 of 2016 is hereby dismissed. Therefore, the appellant may be released upon deposit of the fine amount.
Thus, the criminal appeal being CRA 289 of 2016 along with the application being CRAN 737 of 2020 stands disposed of.
Learned advocate appearing for the appellant is at liberty to take steps on the basis of the server copy of the judgment.
Let a copy of the judgment along with the lower court records be sent down to the trial court at once for necessary note in the Sessions Trial Register and doing the needful.
An extract of this order be sent to the Superintendent of the concerned Correctional Home for information and necessary action.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on completion of all necessary formalities.
Plain copy of this judgment be given to the ld. Advocate on record for the appellant.
(Shivakant Prasad, J.) s.biswas