Delhi District Court
State vs . (1) Satish Chander Chaturvedi on 20 December, 2011
-:1:-
IN THE COURT OF SHRI I.S.MEHTA,
DISTRICT JUDGE & ADDITIONAL SESSIONS JUDGE
INCHARGE SOUTH WEST DISTRICT, DELHI.
Session Case No. : 38/2008
Date of Institution : 30.10.2006
Date of Decision : 17.12.2011
State Vs. (1) Satish Chander Chaturvedi
S/O Late Sampat Ram
R/O 2704/202, Tota Ram Bazar, Tri Nagar,
New Delhi.
(2) Naveen Kumar Jha
S/O Sh. Bhagirath Jha
R/O Village Rampur, P.O Madhwar Pur
District Madhubani, Bihar.
(3) Ashok Rai (since declared P.O)
S/O Sh. Jugat Lal Rai
R/O Village and Post Office Bhatchare
P.S Babu Basti, District Madhubani, Bihar.
(4) Mansoor Rehman
S/O Sh. Mehboob Khan
R/O 943, Haveli Azam Khan, Jama Masjid
Delhi.
FIR NO.: 252/2000
Police Station : Maya Puri
Under Section: 120B/420/239/240/232/235/
243 IPC
For State : Sh. Devender Kumar Ld. Chief
Prosecutor on behalf of the State.
For Accused : Sh. S.P Kaushal and Sh. Avnish
Rana, Ld. Counsels for the accused persons.
JUDGMENT
1. Accused Satish Chander Chaturvedi, Naveen Kumar Jha, Mansoor Rehman and Ashok Rai (since declared P.O) are facing trial for offence under Section 420/239/240/232/235/243 IPC read with Section 120 B IPC.
SC No. 38/2008 Page 1/17 -:2:-2. Precisely, the brief facts stated are that one Lalit Bhatia gave information vide DD No. 18 A that on 30.12.2000 one Satish Chander met him at his shop and told him, after disclosing his identity through his visiting card, that he is doing business of silver coins and jewellery and he is having four thousand silver coins of British India period and induced him to purchase four thousand one rupee silver coin of British India at the rate of rupees fifty each. He agreed to purchase the said coins and handed over rupees five thousand as advance to accused Satish Chander and accused Satish Chander gave assurance to him to deliver four thousand British India silver coins on 31.12.2000 at 8.00 am in front of Hotel Maya Place, on Maya Puri Road. The complainant Lalit Bhatia, thereafter, inquired from the market and found that the British India silver coins are not available in the market at the rate of rupees fifty each. He suspected a foul play on the part of accused Satish Chander and accordingly, made a complaint to Crime Branch, who formed a raiding party comprising other police personnels and the complainant and reached in front of Hotel Maya Place, on Maya Puri Road. IO SI Naresh Malik, then handed over rupees five thousand i.e ten currency currency notes of rupees five hundred each, to complainant, to struck the deal, after putting his initials and date on the same. At about 8.10 am, three person came there and started talking with the complainant. After five minutes, complainant Lalit Bhatia took out rupees five thousand from his pocket and handed over the same to accused Satish Chander and thereafter, immediately, all the accused persons were overpowered by police party.
From the possession of accused Satish Chander ten currency notes of Rs. 500/- denomination, which were signed by SI Naresh and total 1500 coins of British Empire, appearing to be of silver like metal were recovered. From the possession of accused Naveen Kumar total 1000 coins of British Empire, appearing to be of silver like metal were recovered. From the possession of accused SC No. 38/2008 Page 2/17 -:3:- Ashok Rai total 500 coins of British Empire, appearing to be of silver like metal were recovered.
During interrogation, accused Satish Chander, Naveen Kumar and Ashok Rai made disclosure statement regarding involvement of another accused namely Mansoor Rehman. Thereafter, accused Satish Chander and Naveen Kumar pointed out a factory of accused Mansoor Rehman, situated at 920, Haveli Azam Khan, Chitli Kabar, Jama Masjid Delhi-6, from where accused Mansoor Rehman was arrested. Further accused Mansoor Rehman made disclosure statement.
In pursuance to the disclosure statement of accused Mansoor Rehman, nineteen dies, three coin rings, one hundred ten pieces of plain circular sheet coin (raw material), and one thousand two hundred counterfeit British India coins were recovered. Thereafter, the recovered coins were sent to Mumbai for expert opinion. After obtaining the expert opinion the chargesheet, under Section 240/243/420/34 IPC against accused Satish Chander, under Section 240/243/34 IPC against accused Naveen Kumar and Ashok Rai and under Section 232/235/240/243/34 IPC against accused Mansoor Rehman, was filed in the court.
3. The accused Ashok Rai did not appear before the court of Ld. Metropolitan Magistrate and vide order dated 12.9.2006, he was declared Proclaimed Offender. Thereafter, the case was committed to the court of sessions by Ld. Metropolitan Magistrate vide order dated 19.10.2006.
4. Prima facie case having been made out, charge for offence under Section 420/239/240/232/235/243 IPC read with Section 120 B IPC was framed against accused Satish Chander Chaturvedi, Naveen Kumar Jha and Mansoor Rehman, to which, they pleaded not guilty and claimed trial.
SC No. 38/2008 Page 3/17 -:4:-5. In order to prove its case prosecution examined as many as eleven witnesses, as under:-
COMPLAINANT PW8 Lalit Bhatia : is the complainant, who gave complaint Ex PW8/A on the basis of which FIR Ex PW4/A was got registered. In his examination in chief he has stated that he is a shopkeeper at Karol Bagh and on 29.12.200, accused Satish Chander came to his shop and told him that he is having antique silver coins of British India period and he intended to sell the same for rupees fifty per coin and handed over his visiting card to him. On this he paid Rs. 5000/- as advance to accused Satish Chander, who promised to make the delivery of silver coins of British India period on the next day, at Maya Puri, in front of Hotel Maya Place at about 8.00 pm. Lateron, when he inquired about the rate of one rupee silver coin of British India period in the market, it was revealed that cost of one rupee silver coin was Rs. 100/-. Thereafter, he went to the office of Crime Branch and made complaint Ex PW8/A. Accordingly, the Crime Branch on 30.12.2000, formed a raiding party comprising of SI Naresh Malik and other members. He also joined the investigation. SI Naresh Malik handed over to him ten currency notes in the denomination of Rs. 500/- each, after making his initials vide memo Ex PW2/A. Thereafter, he along with SI Naresh Malik, SI Kishore and SI J.P Singh and some other police officials, reached infront of Hotel Maya Place on Maya Puri road. When they reached Maya Place Hotel, accused Satish Chander and Naveen Kumar, who were having briefcase in their hand and accused Ashok Rai, who was having a bag in his hand, contacted him and told him that they have brought the antique British India silver coins and demanded remaining amount. He then handed over Rs. 5,000/- to accused Satish Chander, which were handed over to him by SI Naresh Malik at the time of forming the raiding party. The accused Satish Chander introduced accused Naveen Kumar and Ashok Rai with him and thereafter, all the three accused persons namely Satish Chander, Naveen Kumar and Ashok Rai were apprehended at the spot by raiding party members.
From the possession of accused Satish Chander ten currency notes of Rs. 500/- denomination, which were signed by SI Naresh and total 1500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/F and 2/B. From the possession of accused Naveen Kumar total 1000 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/C and from the possession of accused Ashok Rai total 500 coins of British Empire, appearing to be of silver like metal were recovered vide memo. Ex PW2/D. EXPERT WITNESSES PW1 Sh. P.S Malondkar : was posted as Bullion Registrar at India Government Mint, Mumbai on 19.12.2001. He has stated that on the said date the case property in sealed condition along with the documents and road certificate was received in the office for chemical examination. The coins and blank coins were examined by Assay, by Sh. R. Asokan, Assistant Assay Superintendent in supervision of Sh. S.R Patwardhan, Deputy Chief Assayer and the report is Ex PW1/A. The report is signed by Sh. R. Asokan at point A' and Sh. S.R Patwardhan at point B'.
The dies were examined by Sh. V.L Gawand, Artist Engineer and the report is Ex PW1/B, bearing his signatures at point A. Further report was prepared by him. The metal composition of genuine one rupee coin used between 1801 and 1939 was comprising Silver 91.6% and base metal 8.4 % therefore, it is stated that that metal composition of genuine 1 rupee coin is different from the suspicious seized coins/blank one rupee denomination as is given in Ex PW1/A. Further the 19 Nos. of dies and 3 Nos. of coin rings (i.e collar) which SC No. 38/2008 Page 4/17 -:5:- were received along with 110 Nos. of coin Blanks and above all coins, were sent to Engraving Department, Mint for opinion from Artist Engraver and the report is Ex PW1/B. His compilation report is Ex PW1/C, signed by him at point A and singed by Works Manager, India Government Mint, Mumbai at point B. The reports were forwarded to police vide letter Ex PW1/D. PW3 Sh. R Asokan : was posted as Assistant Assay Superintendent, Examining Officer, India Government, Mint, Mumbai. He examined the coins and blank coins under the supervision of Sh. S.R. Patwardhan, Deputy Chief Assayer, India Government, Mint, Mumbai and the detail report is Ex PW1/A, bearing his signatures at point A. His detail report was handed over to the uncurrent department and on the basis of which the uncurrent department prepared a detail report Ex PW1/C. PW9 Sh. S.R Patwardhan : was posted as Deputy Chief Assayer, Indian Government in Assay Department on 2.3.2002. He physically examined the coins and prepared his report Ex PW1/A, bearing his signatures at point B. PW10 Sh. V.L Gawand : was posted as Artist Engraver in Engraving Department of Indian Government, Mint, Ministry of Finance, Mumbai on 14.12.2001 and on the said date, he received parcel of suspicious coins and dies vide letter No. 14887/SO-SWD PS Vasant Vihar for analysis and he examined all the coins and prepared his detail report Ex PW1/B. RECOVERY WITNESSES PW2 SI Kishore Kumar : was posted at District Crime Cell, South West District on 31.12.2000. On that day, he joined the raiding party comprising of SI Naresh Malik, complainant Lalit Bhatia and other members. Before proceeding to the spot, SI Naresh Malik handed over ten currency notes of Rs. 500/- denomination each to the Complainant Lalit Bhatia, after putting his initials on the same for handing over the same to the accused at the time of deal. Thereafter, the raiding party reached at the spot i.e in front of Maya Place Hotel. At about 8.10 am, three persons came there and at the instance of the complainant, Lalit Bhatia all the three accused persons, after handing over the coins and ten currency notes, were apprehended at the spot.
From the possession of accused Satish Chander ten currency notes of Rs. 500/- denomination, which were signed by SI Naresh and total 1500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/F and 2/B. From the possession of accused Naveen Kumar total 1000 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/C and from the possession of accused Ashok Rai total 500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW2/D. Personal search of accused Satish Chander, Naveen Kumar and Ashok Rai were carried out vide memo Ex PW2/E, Ex PW2/E1, Ex PW2/E2 and they were arrested vide arrest memo Ex PW2/E3, Ex PE2/E4 and Ex PW2/E5. Their disclosure statement was recorded vide memo Ex PW2/G, Ex PW2/G1 and Ex PW2/G2. Accused Satish Chander and Naveen Kumar pointed out a factory at Jama Masjid, Delhi-6 vide memo Ex PW2/G and Ex PW2/G4 from where accused Mansoor Rehman was arrested vide arrest memo, Ex PW2/J1, his personal search was carried out vide memo Ex PW2/J and he made disclosure statement Ex PW2/J3. From the possession of accused Mansoor Rehman nineteen dies, three coin rings, one hundred ten pieces of plain circular sheet coin (raw material), and one thousand two hundred counterfeit British India coins were recovered vide memo Ex PW2/H. From the said factory one machine was also recovered but the same was not taken into possession as it was very heavy and only its photographs were taken vide memo Ex PW2/K1 to Ex PW2/K10.
SC No. 38/2008 Page 5/17 -:6:-PW6 ASI Mahinder Singh : was posted at District Crime Cell, South West District on 31.12.2000. On that day, he along with SI Naresh Malik, complainant Lalit Bhatia and other raiding party members, proceeded to the spot i.e in front of Maya Place Hotel. At about 8.10 pm, one TSR came from the said of Maya Puri Chowk and three persons got down from the said TSR. On seeing them, complainant Lalit Bhatia told him that those three persons are the same person. Complainant Lalit Bhatia was having a brown colour envelop which was containing some currency notes and he handed over the same to accused Satish Chander and accused Satish Chander kept the same in his pocket. The accused persons were apprehended after handing over the silver coins at the spot.
From the possession of accused Satish Chander ten currency notes of Rs. 500/- denomination, which were signed by SI Naresh and total 1500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/F and 2/B. From the possession of accused Naveen Kumar total 1000 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/C and from the possession of accused Ashok Rai total 500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW2/D. Personal search of accused Satish Chander, Naveen Kumar and Ashok Rai was carried out vide memo Ex PW2/E, Ex PW2/E1, Ex PW2/E2 and they were arrested vide arrest memo Ex PW2/E3, Ex PE2/E4 and Ex PW2/E5. Their disclosure statement was recorded vide memo Ex PW2/G, Ex PW2/G1 and Ex PW2/G2. Accused Satish Chander and Naveen Kumar pointed out a factory at Jama Masjid, Delhi-6 vide memo Ex PW2/G and Ex PW2/G4 from where accused Mansoor Rehman was arrested vide arrest memo, Ex PW2/J1, his personal search was carried out vide memo Ex PW2/J and he made disclosure statement Ex PW2/J3. From the possession of accused Mansoor Rehman nineteen dies, three coin rings, one hundred ten pieces of plain circular sheet coin (raw material), and one thousand two hundred counterfeit British India coins were recovered vide memo Ex PW2/H. From the said factory one machine was also recovered but the same was not taken into possession as it was very heavy and only its photographs were taken.
INVESTIGATING OFFICER PW11 SI Naresh Malik : is the investigating officer of the case. On 30.12.2000, he was posted at District Crime Cell, Maya Puri, South West District and the complaint Ex PW8/A was entrusted to him for investigation. Accordingly, he formed a raiding party comprising of complainant Lalit Bhatia and other police personnels. He handed over ten currency notes of Rs. 500/- each to the complainant after putting his initials on the same for handing over the same to the accused, at the time of deal and in this regard prepared the memo Ex PW2/A. The raiding party members reached at the spot and took their positions. After some time, a TSR came there and three persons got down from the said TSR and came towards the complainant. The complainant talked to those persons for a while and thereafter, complainant handed over said envelop to accused Satish Chander and after handing over the coins, immediately all the three accused persons were apprehended.
From the possession of accused Satish Chander ten currency notes of Rs. 500/- denomination, which were signed by SI Naresh and total 1500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/F and 2/B. From the possession of accused Naveen Kumar total 1000 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW 2/C and from the possession of accused Ashok Rai total 500 coins of British Empire, appearing to be of silver like metal were recovered vide memo Ex PW2/D. He prepared the rukka Ex PW11/A, site plan Ex PW11/B, and carried out personal search of accused Satish Chander, Naveen Kumar and Ashok Rai vide memo Ex PW2/E, Ex PW2/E1, Ex PW2/E2 and arrested them vide memo Ex PW2/E3, Ex PE2/E4 and Ex PW2/E5. He also recorded disclosure statement of accused Satish SC No. 38/2008 Page 6/17 -:7:- Chander, Naveen Kumar and Ashok Rai vide memo Ex PW2/G, Ex PW2/G1 and Ex PW2/G2. Accused Satish Chander and Naveen Kumar pointed out a factory at Jama Masjid, Delhi-6 vide memo Ex PW2/G and Ex PW2/G4, from where accused Mansoor Rehman was arrested vide arrest memo Ex PW2/J1, his personal search was carried out vide memo Ex PW2/J and he made disclosure statement vide memo Ex PW2/J3.
From the possession of accused Mansoor Rehman nineteen dies, three coin rings, one hundred ten pieces of plain circular sheet coin (raw material), and one thousand two hundred counterfeit British India coins were recovered vide memo Ex PW2/H. From the said factory one machine was also recovered but the same was not taken into possession as it was very heavy and only its photographs were taken vide memo Ex PW2/K1 to Ex PW2/K10.
He sent all the recovered coins to India Government Mint, Mumbai for examination and later collected the report Ex PW1/A, Ex PW1/B, Ex PW1/C and Ex PW1/D. OTHER WITNESSES PW4 W/HC Sunil : was posted as duty Officer, and on receipt of rukka, she recorded the FIR Ex PW4/A and made endorsement Ex PW4/B on rukka. PW5 Ct. Ashok Kumar : is also one of the member of the raiding party PW7 Ct. Suraj Bhan : was posted at DIU Cell, Maya Puri on 17.12.2001 and on that day HC Omkar Singh obtained the sealed parcels from malkhana mohirar of PS Maya Puri and he along with HC Omkar Singh deposited the same in India Government Mint Press, Mumbai.
Thereafter, prosecution evidence was closed.
6. In the statement recorded under Section 313 Cr.P.C, all the three accused persons denied all the incriminating evidence and circumstances appearing in evidence against them and claimed false implication. However, they opted not to lead evidence in defence.
7. Sh. Avnish Rana, Ld. counsel for accused Mansoor Rehman has submitted that there is no iota of evidence against the accused Mansoor Rehman. The accused Mansoor Rehman has not cheated the complainant Lalit Bhatia PW 8 nor anyone else therefore, no case against the accused Mansoor Rehman is made out and prays that accused be acquitted from the charge framed against him.
Sh. S.P Kaushal, Ld. counsel for accused Satish Chander and Naveen Kumar has submitted that the prosecution case is based on counterfeit currency. Ld. Defence counsel has further submitted that alleged recovery effected from the possession of accused Satish SC No. 38/2008 Page 7/17 -:8:- Chander and Naveen Kumar does not comes under the purview of counterfeit currency and witness Lalit Bhatia is not a independent witness. Ld. Defence counsel has further submitted that no recovery was effected, as alleged by the prosecution version, from the possession of the accused Satish Chander and Naveen Kumar and other co-accused persons therefore the accused Satish Chander and Naveen Kumar be acquitted from the charge framed against them.
8. On the other hand, Sh. Devender Kumar Ld. Chief Prosecutor, on behalf of the State has submitted that prosecution has proved its case beyond reasonable doubt and all the accused persons be convicted as per law.
9. Thus, from the above submission of the respective parties, following points arises for determination in this case:
(i) Whether the prosecution has been able to prove its case against all the accused persons beyond reasonable doubt, if so, its effect?
(ii) Final order.
10. For the reasons to be recorded hereinafter, while discussing the points for determination, my findings are as under:
Point No.1: Yes, against accused Satish Chander only, as per the operative part of the judgment.
Final Order: Accused Satish Chander is convicted and accused Naveen Kumar and Mansoor Rehman are acquitted as per the operative part of the judgment.
REASONS FOR FINDINGS
11. Accused Satish Chander induced Lalit Bhatia to purchase four thousand British India coins at the rate of rupees fifty and obtained rupees five thousand as advance money on 30.12.2000 and SC No. 38/2008 Page 8/17 -:9:- further remaining amount at the time of delivery of three thousand coins on 31.12.2000. The coins on verification, were not found to be silver coins of British India period and accordingly, accused Satish Chander alognwith co-accused persons Naveen Kumar, Ashok Rai and Mansoor Rehman cheated the complainant Lalit Bhatia as well as general public after entering into conspiracy to counterfeit Indian coins.
12. RECOVERIES FROM ACCUSED SATISH CHANDER, NAVEEN KUMAR AND MANSOOR REHMAN The prosecution, in order to prove its case, has examined Lalit Bhatia as PW8. The allegation of defence that PW8 Lalit Bhatia is not a independent witness, does not seems to be correct as Lalit Bhatia himself is the complainant in the present case and accused persons are not known to the complainant prior to the incident therefore, the possibility of false implication, in the present case is ruled out.
PW8 Lalit Bhatia has stated that the accused Satish Chander offered to sell 4000 silver coins of British India period at the rate of Rs. 50/-. Accordingly, he handed over amount of Rs. 5,000/- as advance and accused Satish Chander promised to hand over 4000 British India silver coins on the next date i.e 31.12.2000. PW8 has further stated that on suspicion, he inquired from the known persons the rate of the antique silver coins in the market and it was found to be Rs. 100/- per coin. On this, he suspected a foul play on the part of accused Satish Chander and made a complaint Ex PW8/A to the Crime Cell. PW8 Lalit Bhatia has further stated that on the next date, the Crime Cell constituted a raiding party including him and SI Naresh Malik, SI J.P Singh, SI Kishore Kumar, HC Mohinder Singh, Ct. Jasbir, Ct. Ashok Kumar, Ct. Jasmer Singh, Ct. Phool Kumar and he was handed over ten signed currency notes of Rs. 500/- each by the IO and when the accused Satish SC No. 38/2008 Page 9/17 -:10:- Chander along with co-accused met him in front of Maya Place hotel, as per promise, the complainant Lalit Bhatia, handed over said signed currency notes to accused Satish Chander and the accused persons handed over British India silver coins to him and at that time the accused persons were arrested. The said statement of PW8 is corroborated with the statement of PW2 SI Kishore Kumar and PW11 IO SI Naresh Malik.
PW 8 Lalit Bhatia has proved the recovery/seizure memo Ex PW2/B, which shows that the accused Satish Chander has handed over 1500 coins, alleged to be British India silver coins on 31.12.2000 to complainant Lalit Bhatia. PW8 Lalit Bhatia has further proved the recovery/seizure memo Ex PW2/C, which shows that the accused Naveen has handed over 1000 coins, alleged to be British India silver coins to complainant Lalit Bhatia on 31.12.2000.
PW6 ASI Mahinder Singh and PW2 SI Kishore Kumar have also proved the recovery/seizure memo Ex PW2/H, which shows that 1200 coins, alleged to be British India silver coins, 19 dies, 3 coin rings , 110 pieces of plain circular sheet coin, raw material etc. were recovered at the instance of accused Mansoor Rehman.
PW11 SI Naresh Malik has proved that the seized articles were deposited with the MHC(M) by him. The accused during the cross-examination, has not put any suggestion that the recovered articles were tampered while, depositing the same in the malkhana.
PW7 Ct. Suraj Bhan has proved that the seized articles were taken to India Government Mint, Mumbai by him and his statement is corroborated with statement of PW3 R. Asokan, Assistant Assay Superintendent, Examining Officer, India Government, Mint Mumbai, stating that on 19.12.2001, the case property was received in the office in sealed condition along with the documents and road certificate and he examined the coins and blank coins under the supervision of Sh. S.R. Patwardhan, Deputy Chief Assayer, India Government, Mint Mumbai, and has proved report SC No. 38/2008 Page 10/17 -:11:- Ex PW1/A. His statement is further corroborated with the statement of PW9 Sh. S.R. Patwardhan, Deputy Chief Assayer, India Government, Mint Mumbai. Ex PW 1/A is reproduced as under :-
No. VI/5/Assay/01 Date: 02.03.2002 To, The General Manager, India Government Mint, Fort, Mumbai, 400023.
Report on : Suspicious Coins and Dies received from the Additional Deputy Commissioner of Police, South West Dist. Vasant Vihar, New Delhi vide their Letter No. 14887/SO-SWD dated 14.12.2001.
Sir, The coins on Physical Examination and Chemical analysis were found to be as under:
Sr. No. Uncurrecnt Department Wt. Grm Dia. mm. Year Metal Composition Lot No. SR. No. Code Copper% Nickel% Iron% Zinc% By diff.
1. 1 1 1 11.93 30.95 1876 64.10 6.88 0.70 28.32
2. 1 1 2 11.81 30.88 1878 64.89 5.33 0.72 29.06
3. 1 2 1 11.97 30.98 1876 64.98 7.13 0.70 27.19
4. 1 2 2 12.68 30.87 1878 66.07 8.24 0.71 24.98
5. 1 3 1 12.12 31.00 1876 63.39 5.14 0.70 30.77
6. 1 3 2 12.62 30.93 1878 63.07 5.76 0.68 30.49
7. 2 1 1 12.64 30.85 1917 63.04 5.40 0.65 30.91
8. 2 1 2 11.85 30.95 1919 63.37 5.29 0.64 30.70
9. 2 2 1 12.64 30.88 1878 64.50 6.50 0.71 28.29
10. 2 2 2 12.07 30.90 1917 64.30 6.11 0.70 28.89
11. 3 1 1 11.78 30.90 1902 63.50 6.85 0.74 28.91
12. 3 1 2 12.43 30.85 1902 63.54 7.00 0.68 28.78
13. 4 1 1 12.16 30.95 1917 63.72 5.48 0.69 30.11
14. 4 1 2 11.79 31.05 1919 63.52 5.61 0.70 30.17
15. 4 2 1 11.62 30.90 1902 64.83 5.44 0.71 29.02
16. 4 2 2 12.56 30.90 1902 63.73 5.30 0.65 27.32
17. 4 3 1 11.82 30.95 1876 66.10 5.06 0.71 28.13
18. 4 3 2 11.99 30.87 1878 64.90 5.75 0.70 28.65
19. Blank 1 10.03 31.95 -- 63.30 6.69 0.69 29.32
20. Blank 2 09.04 31.98 -- 63.30 6.69 0.69 29.32 Remarks : All the coins and blanks are counterfeited.
The remnant of the samples is returned under the seal of Assay department, I.G. Mint Mumbai (R. ASOKAN) (S.R. PATWARDHAN) Asstt. Assay Supdt. DY. CHIEF ASSAYER (Examining Officer) SC No. 38/2008 Page 11/17 -:12:- Further, his statement is corroborated with statement of PW1 Sh. P.S. Malondkar, who prepared and proved his compilation report Ex PW1/C. Ex PW1/C is reproduced as under :-
Article No. Particulars Remarks as to the execution and appearance of the Coins The following suspicious coins along with other exhibits have been received at this Mint on 19.12.2001in five (5) sealed parcels from the Addl. Dy. Commissioner of Police, South-West District, Vasant Vihar, New Delhi under the above referred letter for ascertaining following queries.
1. Whether the recovered coins are counterfeit or original
2. Confirming the metals used in coins
3. Whether the recovered Dies were used in manufacturing of the recovered coins
4. Whether the metal of coins and raw-materials (Exhi-5) are same
5. Any other related opinion
1. Sealed parcel containing 1495 Nos. of 1 Re. Out of these 1495 of 1 Re. Denomination suspicious coins Denomination of Victoria Empress we have sent 6 No.s of coins to our Assay Deptt for suspicious coins ascertaining of Metal composition, weight diameter etc. these coins on physical examination and chemical analysis were found as under :-
Year of Weight on Diameter Metal Composition (%) coinage each coin (mm) stamped on Gms.
each coin
1876 11.93 30.95
1878 11.81 30.88 COPPER NICKEL IRON ZINC BY
DIFF.
1876 11.97 30.98 64.10 6.88 0.70 28.32
1878 12.68 30.87 64.89 5.33 0.72 29.06
1876 12.12 31.00 64.98 7.13 0.70 27.19
1878 12.62 30.93 66.07 8.24 0.71 24.98
63.39 5.14 0.70 30.77
63.07 5.76 0.68 30.49
-2-
Article Particulars Remarks as to the execution and appearance
No of the coins
2. Sealed parcel containing 1000 Nos. Of 1 Out of these 1000 Nos. of 1 Re. Denomination Re. Denomination of Georg V King suspicious coins we have sent 4 Nos. of Coins to Emperor Coins our Assay Deptt. For ascertaining of Metal composition, weight, Diameter etc., on assay the same are found as under :-
Year of Weight on Diameter METAL COMPOSITION (%) coinage each coin (mm) stamped on Grms.
COPPER NICKEL IRON ZINC BY
each coin
DIFF
1971 12.64 30.85 63.04 5.40 0.65 30.91
1919 11.85 30.95 63.37 5.29 0.64 30.70
1878 12.64 30.88 64.5 6.50 0.71 28.29
SC No. 38/2008 Page 12/17
-:13:-
1917 12.07 30.90 64.3 6.11 0.70 28.89
3. Sealed parcel containing 500 Nos of 1 Out of these 500 Nos. of 1 Re. Suspicious Coins, we Re. Denomination of Edward VII King & have sent 2 Nos. of Coins to our Assay Deptt for Emperor ascertaining of Metal composition, weight, Diameter etc. On assay the same are found as under:-
Year of Weight on Diameter METAL COMPOSIION (%) coinage each coin (mm) stamped on Gms each coin 1902 11.78 30.90 COPPER NICKEL IRON ZINC BY DIFF.
1902 12.43 30.85 63.50 6.85 0.74 28.01
63.54 7.00 0.68 28.78
-3-
Article Particulars Remarks as to the execution and appearance of
No Coins
4. Sealed parcel containing 1 Re. Denomination Out of these 1176 (579+474+123) Nos of 1 Re
suspicious coins as under: denomination suspicious coins, we have sent 6 Nos of
coins (i.e. two nos each from a, b & c) to Assay deptt. For ascertaining of metal composition, weight, diameter etc. On Assay the same are found as under :- a. 579 Nos of 1 Re. denomination of George V METAL COMPOSITION (%) King Emperor.
b. 474 Nos of 1 Re. denomination of Edward COPPER NICKEL IRON ZINC BY
VII King & Emperor. DIFF.
c. 123 Nos. of 1 Re. denomination of Victoria 63.72 5.48 0.69 30.11
Empress Coin
Year of coinage Weight on Diameter (mm) 63.52 5.61 0.70 30.17
stamped on each coin
each coin Gms.
1917 12.16 30.95 64.83 5.44 0.71 29.02
1919 11.79 31.05
1902 11.62 30.90 66.73 5.30 0.65 27.32
1902 11.56 30.90 66.10 5.06 0.71 28.13
1876 11.82 30.95 64.90 5.75 0.70 28.65
1878 11.99 30.87
Article Remarks as to the execution and appearance of
Particulars
No Coins
5. Out of these 110 Nos. of Coin blanks 2 Nos. of Sealed parcel containing 110 Nos. of coin blanks sent to our Assay deptt, for ascertaining blanks 19 Nos of Die and 3 Nos Coin's rings of Metal composition, weight, diameter etc., On (collar) have been received.
assay the same are found as under :-
Year of Weight of METAL COMPOSITION
coinage each coin Diameter
stamped on blank (mm) COPPER NICKEL IRON ZINC BY
each coin Gms. DIFF.
Blank 10.03 31.95 63.30 6.69 0.69 29.32
Blank 9.04 31.96 63.30 6.69 0.69 29.32
SC No. 38/2008 Page 13/17
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-4-
Article No. Particulars Remarks as to the execution and appearance of the Coins
However, the metal composition of genuine 1 Re. Coins used between 1801 and 1939 are given below :-
Silver : 91.6 %
Base Metal : 8.4 %
Therefore, it is stated that the metal composition of genuine Coin of 1 Re. Denomination are different from the suspicious seized Coins/Blanks One Rupee denomination.
As regards 19 Nos. of Dies and 3 Nos. of coin rings ( i.e Collar) which were received along with 110 Nos. of Coin Blanks and above all Coins sent to the Engraving Deptt., of this Mint for the opinion from Artist Engraver against your queries No. 1 & 3. In this respect, a Certificate dated 7th May, 2002 of Artist Engraver is attached herewith which is self explanatory.
As regards your queries No. 2 & 4 you may refer our Assay Report dated 2.3.2002.
Sh. P.S Malondkar, Bullion Registrar and Counterfeit Coin Expert has consolidated all the reports and forwarded to you for your information.
No. PC 6/BR/01 Dated 19/12/2001 Forwarded to the Addl. Dy. Commissioner of Police, South-West District, Vasant Vihar, New Delhi.
With reference to his letter No. 14887/SO-SWD dated 14.12.2001 Please acknowledge the receipt and depute your representative along with a letter of authority with his specimen signature duly attested by the competent authority to collect the Coins, Coin Blanks, Dies and Collar forwarded by you for investigation.
WORKS MANAGER INDIA GOVERNMENT MINT MUMBAI (P.S.MALONDKAR) BULLION REGISTRAR INDIA GOVERNMENT MINT M U M B A I. Signature of Officer Examining the Coins Thus, it is proved on record that accused Satish Chander met with PW8 Lalit Bhatia on 30.12.2000 at his shop and promised to sell 4000 British India silver coins at the rate of Rs. 50/- and took consideration amount of Rs. 5,000/- and as per the promise, he received amount of Rs. 5000/- from PW 8 Lalit Bhatia and thereafter, he along with accused Naveen Kumar and Ashok Rai, SC No. 38/2008 Page 14/17 -:15:- handed over three thousand British India silver coins to complainant Lalit Bhatia.
Prosecution has further proved that after handing over the alleged British India silver coins, same were seized vide recovery memo Ex PW 2/B, Ex PW 2/C, Ex PW2/D and Ex PW2/H and same were deposited with malkhana. PW 7 Ct. Suraj Bhan further proved that said seized articles were taken to India Government, Mint, Mumbai and PW Sh. R. Asokan, Sh. S.R.Patwardhan and Sh. P.S.Malondkar have proved their report Ex PW1/A and Ex PW1/C.
13. Section 420 IPC says that " whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person ..... shall be punished with imprisonment ..."
Cheating has been defined in Section 415 IPC and it says that :
"415. Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'Cheat'."
14. The guilt is essential ingredient of the offence of cheating. In the present case, the accused Satish Chander promised to deliver 4000 British India silver coins @ Rs. 50/- each, on 30.12.2000 and received consideration amount of Rs. 5000/- and remaining was to be received at the time of delivery on 31.12.2000 in front of Maya Place Hotel, Maya Puri Road.
What the accused agreed to deliver was 4000 British India silver coin of 1 Re. each i.e genuine 1 Re. Silver coin having metal composition, silver 91.6.% and base Metal 8.4.%.
Report Ex PW1/A shows that what has been delivered is not the British India silver coins but the coins prepared of copper, nickel, iron and zinc only and there is no content of silver. The SC No. 38/2008 Page 15/17 -:16:- accused was in the knowledge that the coins supplied are not the British India silver coins. Thus, the prosecution has proved the case under Section 420 IPC against the accused Satish Chander. There is no evidence against the remaining accused persons pertaining to conspiracy and offence under Section 420 IPC.
15. India acquired its Independence on 15th August, 1947. Before that the Indian Coinage Act was passed on 1906, which ordered the establishment of Mints as well as the coins that would be issued and the criteria that would be maintained.
The Indian Coinage Act 1906 was subsequently amended in the year 1947, as 28 of 1947, section 2 of which is reproduced as under:-
(2) All silver coins issued under the Act after the 10th day of March, 1940 [and before the commencement of the Indian Coinage (Amendment) Act, 1947] shall continue as before to be a legal tender in payment or on account,-
(a) in the case of a rupee coin, for any sum;
(b) in the case of a half rupee coin, for any sum not exceeding ten rupees :
(c) in the case of a quarter-rupee, for any sum not exceeding one rupee ;
Provided that the coin has not been defaced and has not lost weight so as to be less then-
(i) 176.4 grains Troy in the case of a rupee coin, or
(ii) 88.2 grains Troy in the case of a half-rupee coin, or
(iii) such weight as may be prescribed in the case of a quarter-rupee coin.
(3) All nickel, copper and bronze coins which may have been issued under this Act before the 24th day of January, 1942, shall continue as before to be a legal tender in payment of on account for any sum not exceeding one rupee.
16. Ex PW1/A shows that coins delivered by accused Satish Chander, Naveen Kumar and recovered from possession of accused Mansoor Rehman, subsequently, are from the period 1876 to 1919 and the said coins are not between the period 10th March 1940 to SC No. 38/2008 Page 16/17 -:17:- 1947. Therefore, the coins delivered by accused Satish Chander, Naveen Kumar and recovered from accused Mansoor Rehman subsequently, are not the coins of British India period or legal tender within the meaning of Section 2 of Indian Coinage (Amendment) Act, 1974 (28 of 1947).
In order to constitute offence under Section 232,235,239,243,240 IPC read with section 120B IPC, it is necessary that the counterfeiting should be of the coins as defined in Section 2 of Indian Coinage (Amendment) Act, 1974 (28 of 1947). The delivered and recovered coins are alleged to be the coins from the period 1876 to 1919. The said coins are seized to be Indian currency. Once it is proved on record that the delivered and recovered coins are of the period 1876 to 1919, there is no counterfeiting of Indian currency. The term "coin", within the meaning of Indian Coinage (Amendment) Act, 1974 (28 of 1947), Section 2, is restricted only to the current coins and not that of old coins. Therefore, the prosecution failed to make out its case against all the accused persons, under Section 232,235,239,243, 240 IPC read with Section 120B IPC. However, prosecution has proved its case against the accused Satish Chander under Section 420 IPC. Thus, in view of judgment in case Niranjan Singh and Ors. Vs. State of Haryana, 2009(1) RCR (Criminal), I convict the accused Satish Chander u/s 420 IPC and acquit accused Naveen Kumar and Mansoor Rehman. Accused Ashok Rai is Proclaimed Offender.
Announced in open court on 17.12.2011 (I.S Mehta) DJ & ASJ I/C SWD Dwarka Courts/Delhi SC No. 38/2008 Page 17/17 -:18:- IN THE COURT OF SHRI I.S.MEHTA, DISTRICT JUDGE & ADDITIONAL SESSIONS JUDGE INCHARGE SOUTH WEST DISTRICT, DELHI.
Session Case No. : 38/2008
Date of Institution : 30.10.2006
Date of Decision : 17.12.2011
State Vs. Satish Chander Chaturvedi
S/O Late Sampat Ram
R/O 2704/202, Tota Ram Bazar, Tri Nagar,
New Delhi.
FIR NO.: 252/2000
Police Station : Maya Puri
Under Section: 420 IPC
For State : Sh. Devender Kumar Ld. Chief
Prosecutor on behalf of the State.
For Accused : Sh. S.P Kaushal, Ld. Counsel
for the convict Satish Chander.
ORDER ON SENTENCE
Ld counsel for the convict has submitted that the convict is the sole bread earner in his family and his mother is alive. Ld counsel for the convict has further submitted that the convict is married having three children, two school going and one daughter aged about 22 years, studying in the college. Ld counsel for the convict has further submitted that the convict has no criminal background in the past. Ld counsel for the convict has further submitted that the convict has already remained in JC for 26 days. Ld counsel for the convict has further submitted that the legislature has made section 420 IPC compoundable therefore, the sentence already undergone is sufficient to meet the ends of justice and relied upon the judgment in case Dharamdas Hukamatrai Dorwani Vs. State of Bombay, AIR 1960, Supreme Court 734 (V 47 C
119) and Abdul Hameed Vs. State, passed by Hon'ble High Court of Delhi on 6th April, 1990.
SC No. 38/2008 Page 18/17 -:19:-On the other hand, Ld. Chief Prosecutor has vehemently opposed the contentions of Ld counsel for the convict and submitted that convict should not be given any leniency and he should be given punishment as prescribed by the law.
The convict is engaged in cheating of false British India silver coins having no contents of silver in it. Whereas, the metal composition of genuine British India silver coins is silver 91.6 % and base metal 8.4 %.
The act of the convict has shaken the general public notion that such type of coins are made of silver as prescribed by the rule then, therefore, such act of cheating is taken a serious note of it.
I accordingly, sentence the convict to undergo R.I for three years and six months and to pay fine of Rs. 5000/- and in default of payment of fine, he shall undergo further S.I for six months, u/s 420 IPC.
The period already undergone by the convict, during the investigation and trial, shall be set off under Section 428 Cr.P.C.
Copy of the judgment and order on sentence be supplied to the convict free of cost.
File be consigned to Record Room.
Announced in open court on 20.12.2011 (I.S Mehta) DJ & ASJ I/C SWD Dwarka Courts/Delhi.
SC No. 38/2008 Page 19/17