Delhi District Court
State vs . Mohd. Yasin And Ors. on 5 March, 2014
IN THE COURT OF MS. BHAVNA KALIA
METROPOLITAN MAGISTRATE06, SOUTH EAST DISTRICT
SAKET COURTS, NEW DELHI
FIR No.424/1990
P.S. Kalkaji
U/s 259 IPC
STATE VS. MOHD. YASIN AND ORS.
a. Sl. No. of the case : 273/2
b. Date of Institution : 14.02.1992
c. Date of Commission of Offence : 07.12.1990
d. Name of the complainant : SI Ishwar Singh
PS Kalkaji
e. Name of the accused and his : (1.) Mohd. Yasin
parentage and address S/o Mohd. Shamsuddin
R/o B606, Gitanjali
Apartment, Vikas Marg,
New Delhi
(declared PO on
14.07.2004)
(2.) Narender Kumar
S/o Rameshwar Dayal
R/o 199A, Malibada, Distt.
Ghaziabad, U.P
(3.) Jagbir Singh
S/o Jal Singh
R/o H.no. 78,
Pilkhania,Distt. Ghaziabad,
U.P.
FIR NO. 424/1990 PAGE 1 OF PAGE 16
PS KALKAJI
(4.) Mahesh Kumar
S/o Ved Pal
R/o VillageShahpur
Bameta, Distt. Ghaziabad,
U.P.
f. Offence complained of : U/s 259 IPC
g. Plea of the accused : Pleaded not guilty
h. Order reserved : 06.02.2014
i. Final Order : Acquitted
j. Date of such order : 05.03.2014
At the outset it is clarified that accused Mohd. Yasin was declared
PO on 14.7.2004. Hence with regard to accused Mohd. Yasin, judgment is
not pronounced today.
Allegations of the prosecution in brief:
It is the case of the prosecution that on 07.12.1990, SI Ishwar Singh, HC
Jagmal Singh, Const. Ajeet Singh, Const. Jagat Singh, Const. Khilari Singh
and Const. Tarun Kumar were posted for checking at Security Picket S.A
Road, Transit Camp, Govindpuri when, at around 11.45 am, they tried to
stop one white color maruti car bearing no. DL 3CA 3656, thought to be
travelling under suspicious circumstances, for checking the same. When
they signalled the car to stop, the moment the car stopped, one person,
namely Jagbir Singh s/o Jal Singh, opened the left side car door and started
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PS KALKAJI
waving a pistol at the police which was held in his right hand. Const. Ajeet
and HC Jagmal Singh immediately over powered him and recovered the said
loaded country made pistol 9 mm from him. They unloaded the said pistol
and removed one live cartridge from it. They also recovered 3 live cartridges
from the shirt (upper) pocket of the said person which were wrapped in
paper. Further, when the said car stopped, one person, namely Mohd. Yasin
s/o Mohd. Samshuddin, opened the back right side door of the car and got
out. When he got down he had one air bag in his left hand and he was
waving a revolver he was holding in his right hand. SI Ishwar Singh
apprehended him from behind and over powered him. He recovered the air
bag and the country made revolver 38 bore and unloaded the revolver from
which he recovered one live cartridge. Const. Jagat Singh apprehended the
driver of the car, namely Narender Kumar Bansal s/o Rameshwar Dayal.
One K.S Varshney joined the police party voluntarily and checked the
yellow and red air back recovered from Mohd. Yasin. 4 packets of court fee
stamps wrapped in a paper and tied with a jute string (sutli) were recovered
from the air bag. They were counted. From packet no. 1, 2 and 3, 500 pages
were recovered, and per page there were 10 court fee stamps worth Rs. 20/
each, totalling to 5000 tickets per packet worth Rs. 1,00,000/ per packet.
From packet 4, 300 pages were recovered, and per page there were 20 court
fee stamps worth Rs. 15/ each, totalling to 6000 tickets worth Rs. 90,000/.
On examination of these court fee stamps, it was found out that they did not
bear any watermark thereby implying that all these court fee stamps were
fake. Separate challan was filed for the revolver and cartridges recovered
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PS KALKAJI
from Mohd Yasin and Jagbir. The fake stamps were wrapped in the
newspaper sheet and tied with a jute string and given serial no. 14. All the
pulandas were sealed with seal of IS. The pullanda containing revolver,
pullanda containing cartridges, the four pullandas containing the fake
stamps, air bag and the car were seized by the police. The seal was handed
over to the public witness. The police then recorded the statement of
recovery witness K.S Varshney. The four accused persons admitted the
offence u/s 468/471/120 B IPC in front of the police, for their keeping
illegal arms and ammunition and fake stamps worth Rs. 3,90,000/. Jagbir
and Mohd. Yasin were booked for carrying illegal arms u/s 25/27 of Arms
Act, 1959 namely, country made 9 mm pistol and country made .38 bore
revolver respectively. Tehrir was prepared by SI Ishwar Singh and he sent
Const. Khilari Singh to the police station for registration of FIR. Pistol and
Cartridges recovered from Jagbir were separately reported by HC Jagmal
Singh. SI Ishwar Singh investigated the matter and during investigation
prepared the site plan, recorded statement of witnesses and recorded the
admission/ statement of accused persons. All accused persons were then
arrested. During investigation it was found out that the maruti car bearing
no. DNA 1440 was bought from the proceeds of sale of fake tickets and the
same was recovered from a park in Govindpuri. Through the disclosure
statement of Narender, pointing out memo was prepared and on 8.12.90, 200
pages were recovered, and per page there were 20 court fee stamps worth
Rs. 15/ each, totalling to 4000 tickets worth Rs. 60,000/ from iron almirah
from his residence at 199A Malivara, Distt. Ghaziabad, UP. Through the
FIR NO. 424/1990 PAGE 4 OF PAGE 16
PS KALKAJI
disclosure statement of accused persons, Mahesh Kumar Yadav was also
apprehended, and through pointing out memo the following items were
recovered from his residence at Barhta District, Ghaziabad on 8.12.90:
1.60 pages each containing 10 court fee stamps worth Rs. 20/ each, totalling to 600 tickets worth Rs. 12,000/.
2. 46 pages each containing 20 court fee stamps worth Rs. 15/ each, totalling to 920 tickets worth Rs. 13,800/.
3.57 pages each containing 20 court fee stamps worth Rs. 5/ each, totalling to 1140 tickets worth Rs. 5,700/.
The same were sealed with seal of SS and seized by police. Pursuant to the disclosure statement of Mohd. Yasin, one gypsy bearing no. UP14 3456 was also seized from a park situated in Govindpuri which he stated was purchased from the proceeds of sale of fake stamps. The fake stamps were sent for examination to Director, India Security Press, Nasik. The result received dated 14.5.1991 established that all the stamps were fake and forged. From the disclosure statements of accused persons, it was also found out that accused Narender and Mahesh were licenced stamp vendors in Ghaziabad. Accused were charsheeted and chargesheet was filed in court alongwith list of witnesses.
Therefore, the seized fake stamps recovered on spot at no. 14, from accused Narender's residence at no. 5 and from accused Mahesh Kumar's residence at no. 68, were as follows:
1.From packet no. 1, 500 pages were recovered, and per page there were 10 FIR NO. 424/1990 PAGE 5 OF PAGE 16 PS KALKAJI court fee stamps worth Rs. 20/ each, totalling to 5000 tickets worth Rs.
1,00,000/.
2.From packet no. 2, 500 pages were recovered, and per page there were 10 court fee stamps worth Rs. 20/ each, totalling to 5000 tickets worth Rs. 1,00,000/.
3.From packet no. 3, 500 pages were recovered, and per page there were 10 court fee stamps worth Rs. 20/ each, totalling to 5000 tickets worth Rs. 1,00,000/ per packet.
4.From packet 4, 300 pages were recovered, and per page there were 20 court fee stamps worth Rs. 15/ each, totalling to 6000 tickets worth Rs. 90,000/.
5.200 pages were recovered, and per page there were 20 court fee stamps worth Rs. 15/ each, totalling to 4000 tickets worth Rs. 60,000/. 6.60 pages each containing 10 court fee stamps per page worth Rs. 20/ each, totalling to 600 tickets worth Rs. 12,000/.
7. 46 pages each containing 20 court fee stamps per page worth Rs. 15/ each, totalling to 920 tickets worth Rs. 13,800/. 8.57 pages each containing 20 court fee stamps per page worth Rs. 5/ each, totalling to 1140 tickets worth Rs. 5,700/.
Charge:
Prima Facie offence was made out under section 259 IPC and all the accused persons were charged under section 259 IPC for possession of counterfeit stamps, knowing the same to be counterfeit and intending to use/ FIR NO. 424/1990 PAGE 6 OF PAGE 16 PS KALKAJI dispose the same as genuine.
Evidence lead by the prosecution:
The prosecution examined 9 witnesses in evidence for proving its case, the most important witness being PW1, Shri K.S Varshney. PW1 stated that on 7.12.90 at about 11.45 am, he was passing through Anand Mai Marg and saw many police persons gathered there and they had stopped one Maruti car of white color. One person came out the car with pistol and jumped at a police personnel but was apprehended by the police. At the same time another person came out of the car carrying a red and yellow bag in his left hand and pistol in his right hand. Police chased him and apprehended him. When the police opened the bag they found few packets wrapped in a newspaper and recoverey was made on the spot as stated above. Pistols were recovered and seized and sketch memos prepared which he signed. Stamps were recovered and he signed their memos too. However there is a court observation that the stamp recovery memo did not bear the sign of the witness. The stamps were sealed with IS. Personal search memos Ex.
PW1/A and PW1/B were prepared and he signed those too. He identified the case property, i.e the fake stamps that were recovered and sealed in separate pullands and the same is Ex. P1 to P7 and P10. It is unclear as to how the witness exhibited packets of stamps which were recovered later pursuant to disclosure statements of accused persons and for recovery of which he was not present. The air bag recovered is Ex. P8 and one FIR NO. 424/1990 PAGE 7 OF PAGE 16 PS KALKAJI cartridge is Ex. P9.
The witness in his cross examination stated that he was a Govt. Employee working in Central Water Commission, R.K Puram and staying at Govindpuri. He stated that he was on scooter on the day of the incident and later said that we was on foot. He further stated that on the said day, the police had put picket at Anand Mai Marg and because of barricading, there was much rush and traffic jam. He further stated that out of curiosity and because of crowd gathered of almost 2030 public persons, he reached the spot. He further stated that he did not remember the make of the car that was apprehended but the same was standing at the side of the road and the accused persons were also on the side of the road, on the kacha path adjacent to the road. He stated that he accompanied the police to the nearby police post. When he saw the accused persons for the first time, they were were surrounded by the police persons at the spot and the he saw a bag lying at the spot from which stamp paper and stamps etc. were recovered. He stated that he did not receive any seal and the seal was kept with IO himself. He stated that when he reached the spot the police was holding the fire arm. He stated that he did not remember whether the stamp papers and stamps were opened in the police post. He further stated that he knew about only 3 accused persons, Mohd. Yasin, Bansal and one another but he could not identify them. He denied the suggestion that he was a stock witness or that no articles were seized or sealed in his presence.
FIR NO. 424/1990 PAGE 8 OF PAGE 16 PS KALKAJI
Constable Jagat Singh was examined as PW2. He stated that he was present on the spot with the rest as stated above. He stated that from the front door accused Jagbir came out and from the back side left door accused Mohd. Yasin came out. He was carrying a bag and 'B' was written on it. He further stated that the stamps were seized and sealed with seal of IS. Seal was given to K.S Varshney, PW1. Thereafter the rukka was prepared by IO and disclosure statements of Mohd. Yasin, Mahesh and Jagbir recorded in presence of PW2 and signed by him. In cross examination PW2 stated the amount of stamps that were recoved pursuant to disclosure statements of the accused persons. He further stated that PW1 came to the spot after the accused persons were apprehended and even though many public persons were present, it was only PW1 who was willing to become a public witness. He further stated that he had accompanied SI Ishwar Singh and Const. Bhanwar Singh on 8.12.90 to Ghaziabad for recovery from the house of Narender Bansal and Mahesh Yadav. He stated that the police party had gone by a Maruti Van but he did not remember whether the same was a police vehicle or a hired one. He further denied the suggesstion that lane leading to the house of accused Narender was very small. He denied the suggestion that no recovery was effected in his presence and that all the documents were signed at the police station at the behest of the IO. ASI Jagmal Singh was examined as PW3 who deposed on the same lines as PW2. He however stated that Mohd. Yasin came out from the right side of the maruti car, while PW2 stated that he came out from the left side. He FIR NO. 424/1990 PAGE 9 OF PAGE 16 PS KALKAJI stated in his cross examination that checking of vehicles was being done randomly and they had no secret information about the said vehicle. At the time of stopping of the said vehicle, no other vehicle had been stopped. He further denied the suggesstion that all the accused persons were wrongly lifted by them on 3.12.90 and falsely implicated later and that all the articles including the fire arms were planted.
Const. Ajeet Singh has been examined as PW3, but he should have been numbered serially as PW4 as ASI Jagmal Singh was examined as PW3. Hence, Const. Ajeet Singh is hereunder referred to as PW4. He also deposed on the same lines as PW2. He also stated that Mohd. Yasin was carrying a bag and 'B' was written on it. He stated that the word Japan was written on the barrel of the pistol. He stated that he had also signed the seizure memos. He further stated that he was sent to the police station with rukka for registraion of FIR. He further denied the suggesstion that all the accused persons were wrongly lifted by them on 03.12.90 and falsely implicated later and that all the articles including the fire arms were planted. SI Dayanand has been examined as PW4, but he should have been numbered serially as PW5. Hence, SI Dayanand is hereunder referred to as PW4. He was a formal witness and gave his report regarding country made .38 bore revolver which is Ex. PW4/A. Const. Sahab Singh has been examined again as PW4, but he should have FIR NO. 424/1990 PAGE 10 OF PAGE 16 PS KALKAJI been numbered serially as PW6. Hence, Const. Sahab Singh is hereunder referred to as PW6. He was a formal witness from the malkhana. ASI Inder Pal has been examined as PW5, but he should have been numbered serially as PW7. Hence, ASI Inder Pal is hereunder referred to as PW7. He was a formal witness from special branch posted at P.S Kalkaji and stated that he had received a rukka sent by SI Ishwar Singh through Const. Khilari Singh. He registered an FIR being the duty officer on that day. Insp. Ishwar Singh, Crime Branch, has been examined as PW6, but he should have been numbered serially as PW8. Hence, Insp. Ishwar Singh is hereunder referred to as PW8. He also deposed on the same lines as other witnesses. He stated in his cross examination that before the vehicle of the accused persons was stopped, two other vehicles had already stopped at the picket. Accused Jagbir and accused Mohd. Yasin, both got down from the car and tried to run away but were caught. He further stated that after sealing all seized articles with seal of IS, the same was handed over to PW1 around 3 PM. He further stated that on disclosure of the accused persons, the police party went to Ghaziabad in a police vehicle. As deposed by PW2, PW8 also stated that stamps were recovered from the steel almirah on the ground floor of accused Narender Bansal. He further stated that after recovery from house of Narender, recovery was made from house of accused Mahesh. However, no witness came forward to sign the recovery memos, even though many witnesses were present. He further stated that FIR NO. 424/1990 PAGE 11 OF PAGE 16 PS KALKAJI police vehicle was parked at some distance from the house as the lane leading to the same was very small. He denied the suggestions that no recoveries were made as stated and that the case property was planted in order to implicate the accused persons. He further denied the suggesstion that a false case was registered against all the accused persons. He denied the suggesstion that accused Jagbir had been detained by the police on 3.12.1990 and thereafter he was falsely implicated in the present case. Shri. A.K Shrivastava, Asstt. Works Manager, India Security Press, Nasik has been examined as PW7, but he should have been numbered serially as PW9. Hence, Shri. A.K Shrivastava is hereunder referred to as PW9. He was a formal witness and only identified signatures of Mr. Dhingra who prepared report no. 2788/7214 (338) dated 14.5.1991 Ex. PW7/A. Statement of the accused Mahesh u/s 313 Cr.P.C He stated that he was not found in possession of counterfeit stamps and did not know other accused persons. He further stated that he had been picked up from his village and falsely implicated in this case. He denied making any disclosure statement to the police.
Statement of the accused Narender Kumar u/s 313 Cr.P.C He stated that he was not found in possession of counterfeit stamps and did FIR NO. 424/1990 PAGE 12 OF PAGE 16 PS KALKAJI not know other accused persons. He further stated that the police officials had quarreled with him on the issue of parking his car no. DL3CA3656 in front of one Gulshan Dhaba near Kalkaji Mandir and had falsely implicated him in this case. He denied having any knowledge of the counterfeit stamps. He further denied that anything was recovered from his possession and also denied making any disclosure to the police.
Statement of the accused Jagbir Singh u/s 313 Cr.P.C He stated that he was not found in possession of counterfeit stamps and did not know other accused persons. He further stated that the police officials had put him in lock up on 3.12.1990 due to some dispute and later falsely implicated him in this case. He denied having any knowledge of the counterfeit stamps. He further denied that anything was recovered from his possession and also denied making any disclosure to the police. He further stated that Maruti car no. DNA 1440 was his own vehicle which he had purchased from one Azad Singh. He further denied recovery of any pistol and cartridge from him.
Defence lead:
The accused persons stated that they did not wish to lead any defence evidence and the arguments in the case were heard. Decision:
FIR NO. 424/1990 PAGE 13 OF PAGE 16 PS KALKAJI
The chargesheet, documents annexed and evidence lead by the witnesses has been carefully perused. The accused persons have been charged u/s 259 IPC. Section 259 IPC deals with possession of counterfeit government stamp with the intention of using it as genuine. For the purpose of this judgment it is important to reproduce the said section. It states that:
Section 259. Having possession of counterfeit government stamp. Whoever has in his possession any stamp which he knows to be a counterfeit of any stamp issued by Government for the purpose of revenue, intending to use, or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
To establish an offence under this section, it will have to be proved by the prosecution that:
1.The accused had in his possession a counterfeit of a government revenue stamp;
2.The accused knew that the stamp was a counterfeit of the revenue stamp;
and
3.He had it his possession intending to use or dispose of the same as a genuine stamp, or in order that it may be used as a genuine stamp.
FIR NO. 424/1990 PAGE 14 OF PAGE 16 PS KALKAJI
The case of the prosecution that the accused persons were apprehended on spot with counterfeit of government stamp appears to be true. The entire story may not be true but the recovery of counterfeit stamps appears to be true. It has been established by prosecution evidence that on 7.12.1990, SI Ishwar Singh, HC Jagmal Singh, Const. Ajeet Singh, Const. Jagat Singh, Const. Khilari Singh and Const. Tarun Kumar were posted for checking at Security Picket S.A Road, Transit Camp, Govindpuri when, at around 11.45 am, they stopped one maruti car bearing no. DL 3CA 3656 and apprehended the three accused persons on the spot with a bag containing counterfeit of government stamps. On their disclosure, further countefeit stamps were recovered and another accused also apprehended. Report of India Security Press, Nasik Ex. PW7/A confirmed that the said stamps were counterfeit. Even though PW1, the only public witness has not stood his testimony in cross examination, the other witnesses have held their ground and their testimony is more or less consistent. Other witnesses have been cross examined at length and their testimonies have barely any contradictions. Though there are contradictions like handing of the seal to IO or not, letter B written on air bag, words Japan written on pistol and accused Mohd. Yasin coming out of left/ right rear door, but the same seem to be minor inconsistencies. There is no reason to disbelieve the testimony of the prosecution witnesses. They have all deposed on the same lines and stood their cross examination consistently. It has been held in a number of cases that even when all the witnesses are police witnesses, their evidence has to be looked into carefully but it is not necessary to disbelieve their evidence FIR NO. 424/1990 PAGE 15 OF PAGE 16 PS KALKAJI only on the ground that they are police personnel. If their testimony is strong, consistent and believable, the same should be read in evidence. Hence, possession of Counterfeit of Government stamps by the accused persons is established.
The stamps were counterfeit has been established. They were found from the possession of the accused persons has been extablished as they were apprehended at the spot and on their disclosure other recovery was made. However, section 259 IPC apart from possession also mandates that the accused should be intending to use the same as genuine. The prosecution has failed here. They have not brought any evidence on record to show that the accused persons were intending to use the said counterfeits as genuine. The ingredients of the said section are not established and hence, the acccused persons Narender Kumar, Jagbir Singh and Mahesh Kumar are acquitted of the offence u/s 259 IPC for which they were charged.
ANNOUNCED IN THE OPEN COURT (BHAVNA KALIA)
ON 05.03.2014 METROPOLITAN MAGISTRATE06
SOUTH EAST/SAKET COURTS
FIR NO. 424/1990 PAGE 16 OF PAGE 16
PS KALKAJI