Punjab-Haryana High Court
Karnail Singh And Others vs The State Of Punjab on 13 September, 2012
Author: K.C.Puri
Bench: K.C.Puri
Criminal Appeal No.353 SB of 2003 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Appeal No.353 SB of 2003
Date of decision 13 .09.2012.
Karnail Singh and others
...... Appellants.
versus
The State of Punjab
...... Respondent.
Criminal Appeal No.120 SB of 2004
Piara Singh
...... Appellant.
versus
The State of Punjab
..... Respondent.
1. Whether Reporters of Local Newspapers may be allowed to
see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
CORAM :- HON'BLE MR.JUSTICE K.C.PURI.
Present : Mr. S.P.S.Sidhu, Advocate for appellants, in both appeals.
Mr. S.S.Chandumajra, DAG, Punjab, in both appeals. .
K.C.PURI, J.
Criminal Appeal No.353 SB of 2003 2 By this common judgment, I intend to dispose of Criminal Appeal No. 353-SB of 2003 titled as Karnail Singh and others versus State of Punjab and Criminal Appeal No.120 SB of 2004 titled as Piara Singh versus State of Punjab as both these appeals have arisen out of the same FIR and incident. For convenience, facts are being taken from Criminal Appeal No.353-SB of 2003 titled as Karnail Singh and others versus State of Punjab.
2. Karnail Singh and others accused-appellants have directed the present appeal against the judgment and order dated 4.2.2003 passed by Shri Ashok Kumar, learned Additional Sessions Judge, Fast Track Court, Ferozepur vide which accused-appellants have been convicted for offences under Sections 489-B and 489-C of the Indian Penal Code (in short - the IPC ) and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of `500/- as fine and in default of payment of fine to undergo rigorous imprisonment for a period of nine months each under Section 489-B of the IPC and to further undergo rigorous imprisonment for a period of three years and to pay a fine of `500/- as fine and in default of payment of fine to undergo rigorous imprisonment for a period of nine months each under Sections and 489-C of the IPC. However, both the sentences were ordered to run concurrently.
3. The case of the prosecution in brief is that on 21.2.2000 one wireless message was received at Police Station from Jaspal Singh Dhanowa, S.P.(D) Ferozepur at 8.15a.m., directing ASI Jaspal Singh to reach at village Arafke at 8.30 A.M. where Jaspal Singh Dhanowa S.P.(D) Criminal Appeal No.353 SB of 2003 3 was present along with his police force. Senior Superintendent of Police Gurcharan Singh Pheru Rai, Ferozepur was also with the police party. From the place one Kacha way leads towards area of Balla Megha from Dhusi Ban and there is also a turn where they formed separate police parties and held Naka at 9.00am. At about 9.30am, four men and one women were spotted coming from the fields of Balla Megha along with the Ban. When they reached near the Naka they were apprehended on suspicion in the presence of Higher officer. ASI Jaspal Singh asked their names and addresses in the presence of higher officers on which they disclosed their names as Karnail Singh. Lakhwinder Singh, Guddo, Piara Singh and Boor Singh. They were personally searched in the presence of the witnesses. On such search fake currency notes, amounting to `2,30,000/- were recovered from them. `one lac were recovered from Karnail Singh, `50,000/- each were recovered from Lakhwinder Singh and Guddo and `20,000/- were recovered from Piara Singh and `10,000/- were recovered from Boor Singh. During investigation accused disclosed that the fake currency notes related to ISI of Pakistan and had been received from smugglers Chaudhary Ashraf Irani, Nimayat Ghurki, Balal Ghurki and Ravi Bhadana whose aim is to damage the economy of India. It also came to light that the accused person had already spent some fake currency notes in the market . The fake currency notes as aforesaid were in the denomination of `100/- each. These bundles were marked with serial number and counted before being taken into police possession vide separate memos. Then accused were formally arrested. ASI then prepared the site plan, recorded the statements of the Criminal Appeal No.353 SB of 2003 4 witnesses and deposited the case property with MHC, after returned to the police station. After completion of all the formalities of investigation, Challan was presented in the Court on 3.3.2000.
4. On appearance of the accused, copies of documents were supplied to the accused. The trial Court framed charge under Sections 489- B and 489-C of the IPC against all the accused. The accused pleaded not guilty to the charges and claimed trial.
5. In order to prove its case, prosecution examined Mrs. P.Kumar General Manager, RBI Pune, (PW-1), SI Rachhpal Singh (PW-2), ASI Jaspal Singh (PW-3), DSP Joginder Kumar (PW-4) and closed its evidence.
6. The accused was examined under Section 313 Cr.P.C and they denied all the incriminating material put to them and they pleaded that they have been falsely implicated in this case. Accused-appellant Karnail Singh specifically stated that he was got released from illegal detention of police by a Warrant Officer in pursuant to a writ petition. To avoid penal action against the erring police officials/officers he was falsely implicated after bringing from his house. Shri Pheru Rai, the then Senior Superintendent of Police was dealer in fake currency himself and there was no dearth of fake currency with the police to plant upon him for the purpose. He also tendered into evidence report of Warrant Officer in Criminal Writ Petition No.11 of 1999 Exhibited as DW-1 and copy of the order Ex.D-2 and closed the evidence.
7. The trial Court, after hearing the learned counsel for the parties, convicted and sentenced the accused vide judgment and order dated Criminal Appeal No.353 SB of 2003 5 4.2.2003, as aforesaid.
8. Feeling dissatisfied with the aforesaid judgment, appellants
-accused have preferred the present appeal.
9. I have heard learned counsel for the parties and have gone through the records of the case.
10. The learned counsel for the appellants has not challenged the conviction recorded by the trial Court for offence under Section 489-C of the IPC i.e. regarding recovery of fake currency notes from the appellants as detailed in the impugned judgment. However, the contention of the learned counsel for the appellant is that prosecution has not produced any evidence to prove the ingredient of offence under Section 489-B of the IPC. Mere recovery of fake currency notes does not prove the ingredient of offence under Section 489-B of the IPC.
11. In reply to the above noted submissions learned State counsel has submitted that huge quantity of fake currency notes were recovered from the appellants. So, the ingredients of offence under Section 489-B of the IPC are also made out against the accused in addition to offence under Section 489-C of the IPC.
12. In order to properly appreciate the case of the prosecution, the provisions of Section 489-B and 489-C of the IPC are reproduced as under :-
489B. Using as genuine, forged or counterfeit currency-notes or bank-notes Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or Criminal Appeal No.353 SB of 2003 6 counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit.
489C. Possession of forged or counterfeit currency-notes or bank-notes Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine.",
13. So far as ingredients of offence under Section 489C of the IPC are concerned that has not been challenged during the course of arguments. The quantity of fake currency notes recovered from each of the appellants is duly proved by the prosecution evidence and it can be safely inferred that such a huge quantity of fake currency notes were kept by the appellants for using the same as genuine. So, in these circumstances, in view of the evidence on the file and further the fact that conviction recorded under Section 489-C of the IPC has not been challenged, the conviction of the appellants recorded under Section 489-C of the IPC stands affirmed.
14. So far as the ingredients of offence under Section 489-B of the IPC is concerned, in my view the same are not made out from the evidence on the file. The prosecution has relied upon the testimony of PW-3 ASI Jaspal Singh and PW-4 DSP Joginder Kumar regarding recovery of the currency notes. None of these witnesses have stated about the ingredients of offence under Section 489B of the IPC. None of the prosecution witnesses have stated that appellants used to sell counterfeit currency-notes. The prosecution witnesses have only stated that as soon as the secret information was received, raid was conducted and fake currency notes were recovered. Criminal Appeal No.353 SB of 2003 7 The learned trial Court has also not returned a finding how the ingredients of offence under Section 489B of the IPC are made out. In concluding paragraphs after discussing the evidence, the trial Court has held that offence under Sections 489-B and 489-C of the IPC are made out. The learned trial Court has not discussed ingredients of offence under Section 489B of the IPC and has not discussed any evidence so as to reach to the conclusion that ingredient of offence under Section 489-B of the IPC are made out.
15. So, in these circumstances, the conviction recorded by the trial Court under Section 489-B of the IPC cannot be upheld and consequently the appeal is partly accepted. The conviction recorded by the trial Court against all the appellants under Section 489B of the IPC stands set aside. They stand acquitted for an offence punishable under Section 489B of the IPC.
16. The next contention of the learned counsel for the appellants is that the appellants have already undergone incarceration for a sufficient period and as such sentence imposed under Section 489-C of the IPC may be reduced to the period already undergone.
17. I have carefully considered the said submission but do not find any force in that submission.
18. In view of the huge quantity of currency notes recovered from the appellants, no case is made out for reducing the sentence under Section 489C of the IPC.
19. Consequently, the appeals of the appellants in respect of offence Criminal Appeal No.353 SB of 2003 8 under Section 489C of the IPC stand dismissed and the judgment and order dated 4.2.2003 stand affirmed.
20. The accused-appellants, who are on bail shall be taken into custody to undergo the remaining part of their sentence.
21. A copy of this judgment be sent to the trial Court for strict compliance.
( K.C.PURI ) JUDGE September 13 , 2012 sv