Court In Ajmer Singh vs State Of Haryana, 2010 (2) on 6 January, 2014

[Cites 10, Cited by 0]

Delhi District Court

Court In Ajmer Singh vs State Of Haryana, 2010 (2) on 6 January, 2014

                             1

      IN THE COURT OF MS SHAIL JAIN: SPECIAL JUDGE: 
      NDPS: 02: CENTRAL DISTRICT: TIS HAZARI : DELHI

SC NO.    47/10

STATE 
1.    Jafir Ahmed 
       S/o Nur Huda
     R/o H. No. 803, Gali No. 1,
     Amarpuri, Nabi Karim, Delhi.
2.   Raj Kumar s/o  Shri Kasturi Lal
     R/o Gali No. 1, Sukh Sagar  Colony
     Opposite Vita Milk Plant
     Madan Lal s/o Kishan Chand Ka Makan
     Sirsa, Haryana
3.   Satpal @ Pahalwan 
     S/o Shri Ram Swarup
     R/o Village and Post Office Garhi
     Tehsil, Hansi, District Hissar, Haryana.
4.   Mohd Wasim s/o Yasin
     R/o RZ22, Najafgarh, Delhi.

      Permanent address: Village Bela Birad
      PS Doomra, District Sita Marhi, Bihar.
5.    Bijender s/o Dilbagh Singh
      r/o  Village  Kirori, Tehsil and District
      Hissar, Haryana.
6.    Kuldeep s/o Shri Ruli Ram
      Village and Post  Office   Garan pura
      Tehsil Tosham, District   Bhiwani, 
      Haryana
7.    Sanjiv Kalra 
      S/o   Tilak Raj Kalra
      R/o GH13/157, Paschim Vihar, New Delhi. 
versus


S.C.No. 47/10             Page 1 of 85 pages
                                                2

State 


                                                                     FIR No. : 243/04 
                                           Offence U/S :  489B/420/120 BIPC        
                                               Police Station : Bara Hindu Rao

                                         DATE OF INSTITUTION: 04.02.2005
                                             DATE OF JUDGMENT:  06.01.2014 

JUDGMENT

1. The brief facts of the present case are that in the year 2004 at Delhi and other places in India, all accused Jafir Ahmed, Wasim, Raj Kumar, Satpal, Kuldeep , Vijender Kumar and Sanjay Kalra @ Sanjiv Kalra entered into criminal conspiracy to indulge in manufacturing, distributing and trafficking in counterfeit/ fake currency notes and to pass on the same as genuine currency notes. All accused conspired to manufacture currency notes of denomination of Rs. 50/ each and accused Jafir Ahmed got recovered the counterfeit material from possession of accused Wasim and from house of accused Raj Kumar .


         Accused   Wasim,   Vijender,   Satpal     and   Raj   Kumar 

S.C.No. 47/10                              Page 2 of 85 pages
                                   3

indulged into trafficking of counterfeit currency notes using the same as genuine knowing or having the reason to believe the same to be forged /counterfeit . It is also the case of the prosecution that on 24.09.04 accused Jafir Ahmed used Rs50/ counterfeit currency note bearing no. OSW859403 as genuine to purchase a bottle of beer from complainant Ram Ji Ram . Accused Jafir was found in possession of 32 counterfeit currency notes of denomination of Rs.50/ each as per seizure memo. On 25.09.2004 accused Jafir Ahmed got recovered 100 counterfeit currency notes of the denomination of Rs.50/ each from house no. A803, Gali No. 1, Amar Puri. On 25.09.2004 accused Sanjeev Kalra was found in possession of 65 counterfeit currency notes of Rs.50/ each & on 29.09.2004 accused Kuldeep was found in possession of 04 counterfeit currency notes of Rs.50/ each.

2. During the investigation, statements of witnesses were recorded, disclosure statements of accused S.C.No. 47/10 Page 3 of 85 pages 4 persons were recorded. After completion of investigation, accused persons were charge sheeted.

3. On 09.11.2005, accused persons were charged for the offence u/s 120 B/489A/489B and 489 C IPC to which they pleaded not guilty and claimed trial.

4. Prosecution examined 23 witnesses in all to bring home the guilt of the accused persons.

The substance of the prosecution evidence is as follows :

5. PW1 Ct Pawesh Tyagi had deposed that on 25/09/2004 he was posted at Police Station Bara Hindu Rao, when he joined the investigation of the present case with SI Harish Chander. On that day, accused Jafir Ahmed made disclosure statement Ex.PW3/A. Accused Sanjeev Kalra was arrested by IO vide memo Ex.PW1/C. Personal search of accused was conducted vide memo Ex.PW1/D and disclosure statement of accused Sanjay Kalra was recorded vide memo Ex.PW1/B. Accused Sanjeev Kalra led them to his shop S.C.No. 47/10 Page 4 of 85 pages 5 at Nabi Karim and got recovered 65 currency notes of Rs.50/, out of which 8 currency notes were bearing the same serial no, another 9 currency notes were bearing the same serial no. , another 10 and 38 notes were having different serial notes. All the currency notes were converted into parcel with the help of envelop and seal of HCR was put on that envelop and said parcel was taken into possession vide Ex.PW1/E. The parcel was deposited with the malkhana. PW 4 had further deposed that SI Harish Chander interrogated accused Jafir Ahmed in the police station and he made disclosure statements which is Ex.PW1/A. Witness had identified the case property .

6. PW2 Ramji Ram had deposed that in the month of September, 2004 one Jafir came to his shop and purchased a beer bottle and handed over a currency note of Rs.50/ to him. The currency note seems to be counterfeit and he asked the said boy to change the same. Then he handed over another currency note of S.C.No. 47/10 Page 5 of 85 pages 6 Rs.50/ to him. Witness had observed that serial no. of both currency note were same. Therefore, he asked him to meet incharge of shop. After examining currency note , police was called by incharge of shop. Witness had further stated that he had handed over the boy and both currency note to incharge of the shop. Witness had stated that he cannot identify the accused Jafir due to lapse of time. He stated that police did not come in his shop in his presence.

7. PW3 Ct Dharam Vir had stated that on 24/09/2004 on receipt of call he along with SI Krishan Chand went to Foota Road, Bara Tooti at the theka of liquor. Incharge of the shop produced one boy Jafir and informed that the said boy was purchasing liquor after delivering the fake currency note of denomination of Rs.50/. Accused Jafir was having three currency notes of Rs.50/ in his hand. Other 19 currency notes of Rs.50/ recovered from him were having same serial number. IO had seized those S.C.No. 47/10 Page 6 of 85 pages 7 currency notes by keeping in an envelop and sealed it with the seal of KCS. Seizure memo Ex.PW2/B was prepared. PW3 went to Police Station for getting the case registered. Accused Jafir was arrested and his personal search was conducted vide memo Ex.PW2/C. Accused Jafir made a disclosure statement which is Ex.PW2/D. He disclosed that Rajiv Kalra was having more currency note . Accused Jafir took them at the shop of construction material in Nabi Karim and from there, from a wooden box lying on rack, 100 currency note in the denomination of Rs.50/ each were recovered. Same were sealed by the IO and were seized vide memo Ex.PW3/B. The witness had identified the case property.

8. PW4 Shri Satbir Singh had stated that on 27.09.2004 while he was present at his house, Virender Singh came to him and told him that police had visited house no 67, Sector 16 Hissar on first floor. He also visited house no 67. In his presence, police recovered S.C.No. 47/10 Page 7 of 85 pages 8 287 currency note of Rs.50/ denomination each, a computer, coloured printer, blank stamp paper of Rs. 1/ each and scanner from the possession of Wasim who was residing as a tenant in that house. Articles were seized vide seizure Memo Ex.PW4/A and Ex.PW4/B.

9. PW5 ASI Govind Singh had stated that on 25.09.2004, accused Jafir Ahmed was in judicial custody in the case pertaining to fake currency note . IO made interrogation from accused Jafir Ahmed. In his presence, disclosure statement of accused Jafir was recorded and he is the witness of recovery. He has deposed in detail about the recovery of fake currency notes from accused Jafir Ahmed.

10. PW6 Virender Singh had stated that on 27.09.2004, at about 3 am, police came to his house. Police told him that they wanted to take the search of premises no. 67, First Floor, Sector16, Hissar ie the neighbouring house. He took the police from the side S.C.No. 47/10 Page 8 of 85 pages 9 house and entered that house. One person namely Wasim was found present there. Police arrested Wasim, accused was rightly identified by the witness, and from the search of said room police got recovered computer, coloured printer, scanner, iron press, affidavits, counterfeit currency note of denomination of Rs.50/, out of which some notes are printed on affidavits. Police prepared certain documents and he was made a witness to the said documents. The documents ie seizure memo Ex.PW4/A and Ex.PW4/B, bears signature of PW6 Virender Singh,

11. PW7 Rakesh Kumar had stated that there is a factory in Naya Sacha Dera , Sirsa and he is doing sewa work there. One Madan Lal was employed there. On 27.09.2004 Madan Lal asked him to accompany him to his house at Sukh Sagar Colony at Sirsa. When they reached there, they saw police officials were there. He was told that one Raj Kumar used to live there. One accused Wasim was also present there.

S.C.No. 47/10 Page 9 of 85 pages 10 Nothing was recovered from the room of Raj Kumar in his presence. He had signed some papers on asking by the police. Witness had not supported the case of prosecution.

12. PW8 Shri Amarjeet had stated that Madan Lal who was his employee told him to accompany him to his house as police officials of Delhi had come to the house of one Raju who was living in the house of Madan Lal. One Rakesh had also accompanied him. After reaching there, he came to know from police that one Muslim boy present along with Raju and three four other persons were involved in preparing fake currency notes. Witness had not identified the Mohammedan boy. Witness had further stated that no fake currency notes were recovered in his presence.

13. PW9 SI Chander Parkash had stated that on 24.09.2004 he was posted at PS Bara Hindu Rao as duty officer. On that date, he recorded formal FIR no. 243/04 and carbon copy of the same is Ex.PW9/A and S.C.No. 47/10 Page 10 of 85 pages 11 he made endorsement on the rukka which is Ex.PW9/B.

14. PW10 SI Rajeshwar had stated that on 27.09.2004, he joined the investigation of this case. Accused Jafir Ahmed was with them. They went to Hissar. This witness had deposed on the same lines as deposed by PW14, SI Harish Chander.

15. PW11 Madan Lal had deposed that he does not remember the exact date, however perhaps in the year 2004, he was at his house. Delhi Police officers came to him, one or two boys were also with them. He had stated that Accused Rajkumar @ Raju is his cousin brother and he was living in a room of his house at that time. At that time Raj Kumar was not present in his room. He called one Rakesh Kumar PW7 and Amarjeet PW8, who were known to him at his house as he became perplex. Police officers started searching his house and on asking by him police told that they were searching for Rajkumar and when S.C.No. 47/10 Page 11 of 85 pages 12 Rajkumar was not found available there at that time, he was asked by the police to sign on some papers. In his presence no recovery was effected from the room of Rajkumar. This witness was cross examined by Ld Addl.P.P for the State. In the cross examination this witness had stated that he had not given any statement to the police. Statement mark PW11/A was read over to the witness who denied having made same. He had also denied the suggestion that Wasim present in the court was with the police officials when police took search of the room of accused Rajkumar. He had further denied the suggestion that four fake currency notes of Rs. 50 denomination and some stamp papers , CDs, stationery or the computer were recovered from that house in his presence. However memo Ex.PW2/A bears his signature at point B. He had also denied the suggestion that he had been won over by the accused Rajkumar

16. PW12 HC Rajender Kumar had deposed that on S.C.No. 47/10 Page 12 of 85 pages 13 24.09.2004, he was working as MHCM at PS Bara Hindu Rao. On that day, SI Kishan Chand deposited one pullanda sealed with the seal of KCS. SI Kishan Chand also deposited articles of personal search of accused Jafir Ahmed. He made entries to this effect in his registrar at serial no. 1567 in his own handwriting and deposited the said pullanda in Malkhana. The entry to this effect is Ex.PW12/A. On 25.09.2004, SI Harish Chand deposited two pullandas sealed with the seal of HCR and articles of personal search of accused Sanjeev Kalra. He made entry in his register at serial no. 1568 in his own handwriting same is Ex.PW12/B. On 27.09.2004, SI Harish Chand again deposited two sealed pullanda sealed with the seal of HCR. On that day he also deposited various other case property including Computer parts out of which three parcels were sealed with the seal of HCR. SI Harish Chand also deposited articles of personal search of accused Wasim and accused Vijender Kumar. He made entry to this S.C.No. 47/10 Page 13 of 85 pages 14 effect in his Malkhna register at serial no. 1574 in his own handwriting, same is Ex.PW12/C. On 29.09.2004, again SI Harish Chand deposited one sealed parcel sealed with the seal of HCR alognwith with articles of personal search of accused Kuldeep Singh and accused Raj Kumar for which he made entry in register no. 19 at serial number 1578. Copy of the same is Ex.PW12/D. On 30.09.2004, SI Harish Chand again deposited articles of personal search of accused Satya Pal @ Pahelwan for which he made entry in register no. 19 at serial no. 1580 copy of the same is Ex.PW12./E. On 15.12.2004, all the case properties mentioned above were sent to CFSL Hyderabad through HC Hari Prasad vide RC No. 90/21/04 for which he made entry in register no. 19 at serial no. 1567 copy of the same is Ex.PW12/F. On 07.07.2005 all the case properties were returned from CFSL Hyderabad alongwith result and an entry was made by him in this regard at serial no. 1567 copy of the same is Ex.PW12/F1.

S.C.No. 47/10                    Page 14 of 85 pages
                                     15

   17.          Witness   had   proved     RC   No.   19/21/04     as 

       Ex.PW12/G.     Receipt   of   FSL   is   Ex.PW12/H.     On

17.09.2005, SI Rajnish Parmar had taken some of the case property with the orders of the Court for which he made entry in the separate register. He had brought register no. 19 in respect of entry dated 17.09.2005 in respect of taking away the case property with him. Again on 21.09.2005, the case property, was deposited with him by SI Rajnish, copy of the said entry is EX.PW12/J.

18. PW13 SI Krishan Chand had deposed that On 24.09.2004, he was posted as SI at PS Bara Hindu Rao. On that day, he received DD no. 64B Ex.PW13/A. He alongwith Ct. Dharambir reached at Foota road, wine shop, where Ramji Ram met him. He recorded his statement Ex.PW2/A. He produced accused Jafir Ahmad, accused present in the court, was apprehended by him. From his possession 32 fake currency notes of Rs. 50/ denomination were S.C.No. 47/10 Page 15 of 85 pages 16 recovered. These notes were in three series. The said notes were converted into pulanda and sealed with seal of KCS and taken into possession vide memo Ex.PW2/B. He prepared rukka Ex.PW13/D and sent to PS through Ct. Dharambir. He prepared site plan at the instance of complainant already Ex.PW3/DA bearing his signature at point X. He arrested accused Jafir Ahmad, vide arrest memo EX.PW2/C and personal search memo Ex.PW2/B. Thereafter further investigation of this case was entrusted to another police officer after the registration of the case. Witness had identified the case property ie 32 fake currency notes of 50 denomination 19 notes of series of 7TU914875, 3 notes of series of 7TU914877 and 10 currency notes of series of OSW859403" are collectively as Ex.PX 1 which were recovered from accused Jafir.

19. PW14 SI Harish Chander had deposed that On 25.09.2004, he was posted as SI at PS Bara Hindu Rao.

S.C.No. 47/10 Page 16 of 85 pages 17 On that day, the investigation of this case was entrusted to him. He interrogated accused Jafir Ahmad vide disclosure statement Ex.PW3/A and as per disclosure statement, accused Jafir Ahmad got recovered 100 notes of Rs. 50/ denomination having three numbers. All the abovesaid notes were converted into pulanda and sealed with the seal of HCR and were taken into possession vide memo Ex.PW3/B. Seal after use was handed over to Ct. Dharambir. Then they came to PS and he deposited the case property with MHC(M). Accused Jafir Ahmad was produced before the court and he was taken on 5 days PC remand and during PC remand he was again interrogated vide disclosure statement Ex.PW1/A. As per disclosure statement, Sanjeev Kalra who was already in PS was also interrogated vide disclosure statement Ex.PW1/B and Sanjeev kalra was arrested vide arrest memo Ex.PW1/C and personal search memo Ex.PW1/D. As per disclosure statement of accused Sanjeev kalra, S.C.No. 47/10 Page 17 of 85 pages 18 witness has taken him to his shop no. 6116, Nabi Karim and accused Sanjeev Kalra got recovered 65 counterfeit currency notes of Rs. 50/ denomination. The same were taken into possession after sealing the same with the seal of HCR vide memo Ex.PW1/E. Then they came to PS and he deposited the case property with MHC(M). He recorded the statements of witnesses. Accused Jafir Ahmed was again interrogated vide disclosure statement Ex.PW5/A. Then with the prior permission of senior officers, he alongwith ASI Rajeshwar, HC Ramesh and other three constables left the PS with accused Jafir Ahmed. Being night time, accused Jafir Ahmed could not locate the place where the fake currency notes used to be prepared and also the place from where he brought the fake currency notes.

20. On 26.09.2004, accused Sanjeev kalra was produced before the court and he was sent to JC. On 27.09.2004, again he alongwith other police officers S.C.No. 47/10 Page 18 of 85 pages 19 and accused Jafir Ahmed left the PS for Hissar and accused took them to house no. 67, Sector16, Hissar and he disclosed that it was the said house where the fake currency notes used to be prepared and he had brought the fake currency notes from the same house. Then the witness called two independent public witnesses namely Virender Singh and Satbir Singh of the locality and in their presence accused Jafir Ahmed got arrested accused Wasim and accused Wasim got recovered 287 fake currency notes of Rs. 50/ denomination. The abovesaid notes were sealed with the seal of HCR and taken into possession vide memo Ex.PW4/B besides this six types of incomplete notes of 50 denomination, 47 stamp papers were recovered from that house and the same were kept into separate envelopes and taken into possession vide abovesaid memo Ex.PW4/B. Accused Wasim also got recovered one monitor, CPU, Keyboard, Scanner machine etc. and same were seized as per memo Ex.PW4/A. S.C.No. 47/10 Page 19 of 85 pages 20 Accused Wasim was arrested vide arrest memo Ex.PW10/O and personal search memo Ex.PW10/J. Accused Wasim was interrogated vide disclosure statement Ex.PW10/A. Both the independent witnesses were discharged. When they were leaving the said house, accused Wasim pointed out towards accused Bijender and told that he was also involved in preparing the fake currency notes. Then accused Bijender was arrested at his instance. Accused Bijender was interrogated vide disclosure statement Ex.PW10/B. His arrest memo and personal search memo was prepared and same are Ex.PW10/G and Ex.PW10/N.

21. Then as per disclosure statements of accused Wasim and Bijender, police party left for Sirsa to arrest other accused persons and they took them to the house of Raj Kumar at Sirsa but Raj Kumar was not found there. From that house, police recovered CPU, Monitor, Keyboard, Scanning machine, Mouse, 21 CDs, 3 Floppy and 4 fake currency notes of Rs. 50/ S.C.No. 47/10 Page 20 of 85 pages 21 denomination. The fake currency notes were sealed with the seal of HCR whereas the other remaining articles were seized and memo in this regard was prepared by him which is Ex.PW7/A. Before the recovery, he called three public witness there and the abovesaid recovery was effected in their presence from the house of Raj Kumar at the instance of accused Wasim. Then he searched for other accused persons but they could not be apprehended and then they came back to Delhi.

22. On 28.09.2004, accused Wasim and Bijender were produced in the court and they were taken on PC remand. The case property got deposited with MHC(M). On 29.09.2004, he left the PS with accused Wasim, Bijender and Jafir Ahmed and with other police officers in search of other accused persons and on the roadside near Garan Pura village accused Kuldeep was arrested at the instance of accused Wasim and Bijender and from his possession 4 fake currency notes of Rs.

S.C.No. 47/10 Page 21 of 85 pages 22 50/ were recovered. The said currency notes were sealed and taken into possession vide memo Ex.PW10/B. Accused Kuldeep was interrogated vide disclosure statement Ex.PW10/G. He was arrested vide arrest memo Ex.PW10/R and personal search memo EX.PW10/M. Then they went to the house of accused Raj kumar at Sirsa where Raj Kumar was arrested at the instance of accused persons Wasim and Bijender. Accused Raj Kumar was interrogated vide disclosure statement Ex.PW10/F. Accused Raj Kumar was arrested vide arrest memo Ex.PW10/P and personal search memo Ex.PW10/A. On 30.09.2004, accused Satpal @ Pahalwan was arrested from Sukh Sagar colony at the instance of accused Wasim and Raj Kumar. Accused Satpal was interrogated vide disclosure statement Ex.PW10/E and arrested vide arrest memo Ex.Pw10/Q and personal search memo Ex.PW10/L. Then they came to PS and he deposited the case property with MHC(M) and accused persons were produced before S.C.No. 47/10 Page 22 of 85 pages 23 the court and were sent to JC. On 01.10.2004, accused Wasim who was with them on PC remand, had taken them to the shop of Sunil at Nabi Karim. Sunil was not found there. Shop was also found closed. He prepared site plan of the shop of Sunil from where accused Wasim had learnt to prepare the fake currency notes. The same is Ex.PW10/C. Thereafter they came back to PS. Accused Wasim and Bijender were produced before the court and sent to JC. Thereafter he searched for other accused persons Sunil and others but could not be apprehended. Thereafter witness was transferred and further investigation of this case was entrusted to another IO. Witness had identified the case property ie 59 currency notes of Rs. 50/ denomination recovered from accused Jafir Ex.P1. The other 30 fake currency notes of 50 denomination are Ex.P2 and 11 fake currency notes of 50 denomination are Ex.P3, same were recovered at the instance of accused Jafir Ahmed. Another 65 fake currency notes of Rs. 50/ S.C.No. 47/10 Page 23 of 85 pages 24 denomination , out of which 8 fake currency notes of Rs. 50/ denomination bearing number OSW859403 are Ex.P4, 9 fake currency notes of Rs. 50/ denomination bearing no. 7TU914875 are Ex.P5, 10 notes of Rs. 50/ denomination bearing no. 7TU914877 are Ex.P6 and 38 genuine currency notes of Rs. 50/ denomination bearing different numbers are collectively Ex.P7, all the abovesaid notes were recovered from accused Sanjeev kalra. 287 fake currency notes of Rs. 50/ denomination recovered at the instance of accused Wasim vide memo Ex.PW4/B and all these notes are Ex.PXY. Printed notes on stamp papers 122 notes of Rs. 50/ denomination having same serial number are Ex.P4. Printed notes on plain papers 93 notes of Rs. 50/ denomination having same serial number are Ex.P5. One side printed notes on stamp papers 11 notes of Rs. 50/ denomination having same serial number are Ex.P6. one side printed notes on plain papers 22 notes of Rs. 50/ S.C.No. 47/10 Page 24 of 85 pages 25 denomination having same serial number are Ex.P7. 10 stamp papers printed with impression of Mahatma Gandhi photo Ex.P8, 33 plain papers with impression of Mahatma Gandhi photo are Ex.P9, 47 plain stamp papers are Ex.P10, the abovesaid recovery effected at house no. 67, First floor, Sector16, Hissar at the instance of accused Wasim, LG studio 700E Ex.P11, one Keyboard Ex.P12, one CPU Ex.P13, CPU Selko Ex.P14, Scanner UMAX 3500 Ex.P15, one LP Laser Printer Ex.P16, one Mouse Samsung Ex.P17, one Speaker Ex.P18, one Adopter Ex.P19 are the same which were at the instance of accused Wasim vide memo Ex.PW4/A. LG Computer Ex.PX1, Mouse, Keyboard, CPU , HP Deskget 3650, Scanner make 3740 Ex.PX2, CD 21 and some plain papers Ex.PX4, 3 floppy Ex.PX5 and 4 fake currency notes of Rs. 50/ denomination are Ex.PX3, are the same which were seized vide memo Ex.PW7/A at the instance of accused Wasim. 4 fake currency notes of Rs. 50/ denomination S.C.No. 47/10 Page 25 of 85 pages 26 which were recovered from the possession of accused Kuldeep are collectively Ex.PX6.

23. PW15 HC Jaswant Singh had deposed that on 24.09.2004, he was posted as Ct. at PS Bara Hindu Rao. On that day, he was working as DD writer from 05.00 p.m to 01.00 a.m (night) and at about 07.55 p.m, he received one information through telephone from unknown person that, at Wine shop, Futta road, someone is purchasing liquor with fake currency. Accordingly, he recorded DD entry no. 64B and same was marked to SI Krishan Chand, copy of the same is Ex.PW13/A.

24. PW16 Shri Devender Kumar had stated that on 12.09.2005, he was posted as Treasurer, RBI, Cash department, New Delhi. On that day, one sealed cover was received at their office. It was marked to him for examination. He opened the sealed cover and it was found containing 492 notes of Rs. 50 denomination, as per the details as given in the list attached. He S.C.No. 47/10 Page 26 of 85 pages 27 examined the currency notes. All the currency notes except 38 currency notes as mentioned in the list attached were not genuine. After examining the currency notes, the same were kept in envelope and same were handed over to the police official who handed over the sealed cover at his office. His report and the list of genuine notes are Ex. PW16/A and Ex.PW16/B respectively bearing his signatures at point A. The details of the currency note is Ex.PW16/C bearing his signature at point A.

25. PW16 Jagmal Singh (should be read as P W16A) had deposed that he is working as JBT Teacher and in the year 2005 he was residing at house no 67 Sector16 Hissar as a tenant. On one day police official of Delhi came to his abovementioned house and inquired about the landlord of the said house and he replied that Subhash Chand S/o Sh Bisla Ram is landlord of the said house and he also informed about his address i.e near Refinery Township, Panipat. The electric meter of S.C.No. 47/10 Page 27 of 85 pages 28 that house was in the name of Subhash Chand and he handed over the electric bill to the police and same is mark XZ. Police also recorded his statement.

26. PW17 Subhash Chand had stated that he is registered owner of house no 67 Sector16, Hissar. He has constructed this house in 2000, its two storied building. He is working with Indian Oil Corporation and in the year of 200405 he was posted at Panipat. My relative Gulab Singh was taking care of the above said house as he used to remain away from Hissar. The electricity connection in the said house is in his name and the bill is Ex.PW17/A. Teacher Jagmal Singh was his tenant in the year of 2005.

27. PW18 Krishan Sastry Pendyala had deposed that he did M.Tech from Banaras Hindu University, Cyber Forensic Response Team from Wright State University, Ohio, USA. He had certified "Train the Trainer" in computer Forensics by Interpol. He is author of first Indian Book on "Computer Crime and S.C.No. 47/10 Page 28 of 85 pages 29 Computer Forensics" and also the guest faculty at National Judicial Academy, Delhi Judicial Academy and other National Academies. The exhibits of this case were forwarded by Deputy Commissioner of Police, District North Delhi vide letter no 2622/SHO Bara Hindu Rao, Delhi dated 15.12.2004 through special messenger HC Hari Parsad. Their laboratory received the exhibits on 17.12.2004. The exhibits were verified and receipt was given vide letter no CCH79 & 80/2004/5385 dated 17.12.2004. The case was allotted to Mr A.K.Singh, Assistant Govt Examiner . The case was examined by Mr A.K.Singh and also examined by him independently and came to the same conclusion/report and their detailed report is Ex.PW18/A (containing 8 pages and annexure in 73 pages) bearing his signatures at point A on each page. He also identified the signatures of Mr. A.K.Singh who signed the same in his presence. The report alongwith annexures and the exhibits were forwarded to DCP S.C.No. 47/10 Page 29 of 85 pages 30 North District, Delhi in sealed covers with forwarding letter signed by Mr Narender Singh, the then Govt Examiner vide letter no CCH79 & 80/2004/2800 dated 30.06.2005. The exhibits and the report were handed over to special messenger Santa Ram who came to office for collecting the report and the exhibits with proper letter of authority. During the period, the exhibits of this case remained in his custody, same was not tampered or allowed to be tampered with them.

28. PW19 Anand Kumar Singh had deposed that he did B.E. Computer engineering from MMM Engineering College, Gorakh Pur and M.Tech Computer Science from IETE New Delhi. He has more than 19 years of experience in this area. He had taken training in the area of cyber/computer forensic after joining CFSL Hyderabad for examination and reporting of Cyber/Computer crime cases. He was on deputation with CFSL Hyderabad as Assistant Govt S.C.No. 47/10 Page 30 of 85 pages 31 Examiner from July 2003 to May 2006. The exhibits of this case were forwarded by Deputy Commissioner of Police, District North Delhi vide letter no. 2622/SHO Bara Hindu Rao, Delhi dated 15.12.2004 through special messenger HC Hari Parsad. Their laboratory received the exhibits on 17.12.2004. The exhibits were verified and receipt was given vide letter no CCH79 & 80/2004/5385 dated 17.12.2004. The case was allotted to him. He examined the documents independently and gave his report and our detailed report is Ex.PW18/A (containing 8 pages and annexure in 73 pages) bearing his signatures at point B on each page. The report was forwarded to senior Sh. Krishna Sastry Pendyla. The report alongwith annexures and the exhibits were forwarded to DCP North District, Delhi in sealed covers with forwarding letter signed by Mr. Narender Singh, the then Govt Examiner vide letter no CCH79 & 80/2004/2800 dated 30.06.2005. The exhibits and the report were handed over to special S.C.No. 47/10 Page 31 of 85 pages 32 messenger Santa Ram who came to office for collecting the report and the exhibits with proper letter of authority. During the period, the exhibits of this case remained in his custody, same was not tampered or allowed to be tampered with them.

29. PW20 Gulab Singh had deposed that he is a retired teacher. Kothi no 67, Sector16, Hissar belongs to his relative Subhash Chand who is employed with Indian Oil. The first floor of the said kothi was given on rent to Kuldeep S/o Ruli Ram R/o Village Garan Pura, District Bhiwani. Kuldeep personally met him and took the premises on monthly rent of Rs. 3,000/ . He stated that he can not say how many persons used to reside in that rented accommodation. When the Delhi police raided that premises, he was also called after 23 days. He did not know the other persons residing with Kuldeep. This witness was cross examined by Ld Additional P.P for the state. He had stated that he does not know any village by the name of Kirori. He S.C.No. 47/10 Page 32 of 85 pages 33 can not admit or deny the suggestion that accused Satpal and Vijender Kumar present in the court used to stay in the said rented accommodation. He had denied the suggestion that accused Vijender and Satpal also approached him for taking the said accommodation on rent. He had denied the suggestion that Wasim, was also seen by him in that rented accommodation. He had denied the suggestion that he had seen accused Vijender, Satpal and Wasim staying in the abovementioned rented accommodation. He had denied the suggestion that statement Mark 20/A was deposed by him before the police or that same was read over to him by the officers of Delhi Police. He had denied the suggestion that willfully he is not identifying accused Satpal and Vijender Kumar as he has been won over by them.

30. PW21 Inspector Rajnish Parmar had stated that on 29.10.2004, he was posted at PS Bara Hindu Rao as SI. On that day, on transfer of SI Harish Chand, this S.C.No. 47/10 Page 33 of 85 pages 34 case was marked to him for further investigation. During investigation, he sent the exhibits of the case to CFSL Hyderabad. He recorded the statements of witnesses. After completion of investigation, he filed the charge sheet in the court. Thereafter, on 10.04.2005, he visited Hissar alongwith Ct Pardeep and met Mr Gulab Singh and Sh Jagmal. He conducted inquiry regarding the case. Sh Jagmal handed over a copy of electricity bill pertaining to House no. 67, Sector16, Hissar to him, which is Ex.PW17/A. He recorded their statements u/s 161 Cr.P.C. Thereafter, he proceeded to Panipat refinery and met with Sh Subhash at House no. 3161, Panipat refinery housing complex, Panipat. He is the owner of the house no. 67, Sector16, Hissar. He recorded the statement of witnesses. Thereafter, he filed the supplementary charge sheet. After receiving CFSL report, he sent the recovered currency notes to GM security, RBI at Parliament street for examination with his request S.C.No. 47/10 Page 34 of 85 pages 35 Ex.PW21/A bearing his signature at point A and collected the report Ex.PW16/A, 16/B and 16/C and filed the same in the court vide his application Ex.PW21/B. During investigation, it has also come to his knowledge that accused Wasim had already been convicted in FIR no. 190/01 PS Cannaught Place, U/s 489C IPC vide Judgment dated 24.03.2003 and he had collected report Ex.PW21/C in this regard.

31. PW22 HC Hari Parsad had deposed that on 15.12.2004, he was posted at PS Bara Hindu Rao. On that day, on the directions of IO, he took sealed pulandas from MHCM vide RC No. 40/21/04 already Ex.PW12/G and deposited the same at FSL Hyderabad. The pulandas were handed over vide receipt Ex.PW12/H. During the period, the pulandas remained in his custody, same was not tampered or allowed to be tampered with the same.

32. PW23 HC Sant Ram had deposed that on 09.09.2005, he was posted at PS Bara Hindu Rao as S.C.No. 47/10 Page 35 of 85 pages 36 constable. On that day, on the asking of IO of this case, he had taken bundle of notes alongwith an application from the MHC(M) for depositing the same in the office of RBI, Parliament Street, New Delhi. The application for depositing the bundle of notes is Ex.PW21/A. After 34 days, again he visited the office of RBI, Parliament street and collected the report in respect of the notes which is Ex.PW16/A bearing his signature at point X. he made the signatures on the application on the asking of the officials of RBI. So long as the bundle of notes remained in his custody, remained intact and were not tampered with

33. Thereafter prosecution evidence was closed.

34. The statements of the accused persons were recorded u/s 313 Cr PC, wherein, entire incriminating evidence were put forth to them. All accused persons had pleaded that they are innocent and they have been falsely implicated in the present case. Nothing was recovered from their possession. They S.C.No. 47/10 Page 36 of 85 pages 37 further stated that they did not want to lead any defence evidence.

35. I have heard arguments from Ld. APP Sh. Subhash Chandra for the State and Ld counsels for accused persons.

36. On behalf of accused Raj Kumar , Shri Manish Gupta Advocate had argued on the following points:

(1) that there is no case made out against accused Raj Kumar and only evidence against accused Raj Kumar is his disclosure statement Ex.PW10/F which does not bear the date on which it was recorded. (2) PW7 Rakesh Kumar, PW8 Amarjit and PW11, Shri Mandal Lal, who were the witnesses, as per the case of the prosecution, of the recovery which is considered to be incriminating against accused Raj Kumar have not supported the case of the prosecution hence the alleged recovery, as per memo Ex.PW7/A, cannot be read as against accused Raj Kumar. It is also argued on behalf of accused Raj Kumar that PW14 S.C.No. 47/10 Page 37 of 85 pages 38 IO/SI Harish Chand had no search warrants to search the house of the accused Raj Kumar, hence accused Raj Kumar should be acquitted, as no case is made out against accused Raj Kumar.

37. On behalf of accused Sanjiv Kalra, Shri P K Dubey Ld defence counsel had argued that allegations against accused Sanjiv Kalra is only u/s 489 C IPC along with section 120 B IPC and as per section 489 C IPC there is requirement of possession of counterfeit currency ; secondly knowledge of currency being fake and thirdly intention to use or actually use the said fake currency in order to prove the case against accused u/s 489 C IPC.

38. It is further argued on behalf of accused Sanjiv Kalra by Ld counsel that:

(1) Shri K S Verma has not been examined. However, as per PW2 Shri Ramji Ram, Shri K S Verma has made the complaint to police, no recovery was effected in the shop, hence the initial basis for registration of FIR S.C.No. 47/10 Page 38 of 85 pages 39 is illegal and the accused persons should all be acquitted.

(2) PW2 has not been able to identify the accused Jafir Ahmed. Secondly, it is also argued that as per Ex.PW2/B it is clear that recovery was effected prior to the registration of FIR, thus FIR has been wrongly registered. It is also argued on behalf of accused Sanjiv Kalra that only evidence against him is the disclosure statement of accused Jafir, same is Ex.PW3/A, which is inadmissible against coaccused. (3) Ld counsel for accused Sanjiv Kalra had strongly argued that it is stated by all police officials who had deposed as prosecution witnesses that accused Sanjiv Kalra was present in the police station prior to his interrogation and arrest, hence arrest of accused Sanjiv Kalra in this case is illegal and he deserves to be acquitted.

(4) Ld counsel for accused Sanjiv Kalra has also relied upon various provisions of Punjab Police Rules and S.C.No. 47/10 Page 39 of 85 pages 40 has argued that as per the same, Investigating Officer was under the duty to record departure entry every time, they have to leave police station for the purpose of investigation, and failure to do so makes the investigation as null and void .

(5) In the lengthy arguments, Ld counsel for accused Sanjiv Kalra had argued in detail about the testimony of all prosecution witnesses and has stated that time of arrest of accused Sanjiv Kalra has been stated differently by IO /SI Harish Chand in his cross examination, than as mentioned in the disclosure statement. This raises doubt on the alleged recovery against accused Sanjiv Kalra.

(6) It is also argued by Ld counsel for accused Sanjiv Kalra that different places of recovery has been mentioned by each witness, and as such recovery is planted against accused Sanjiv Kalra. (7) There is no meeting of mind with other accused, hence accused accused Sanjiv Kalra is entitled to be S.C.No. 47/10 Page 40 of 85 pages 41 acquitted.

39. On behalf of accused Jafir Ahmed, Satpal and Kuldeep Ld counsel Shri Dhirender Singh had argued the matter and had stated that there are different version of recovery of counterfeit currency and identity of accused Jafir Ahmed is not proved. He has also argued that case of the prosecution is liable to fail because:

(a) That PW3 Ct Dharamvir had stated that he did not join the investigation after 24.09.2004 but he is the witness to the recovery effected at the instance of accused Jafir Ahmed which as per the case of prosecution was effected on 25.09.2004, thus recovery is planted.

(b) It is also argued that the case property has been mixed up as 'single currency note' which was allegedly used by accused Jafir Ahmed for purchase of beer from the shop in question has not been sealed separately.

(c) It is also argued that since there are three disclosure S.C.No. 47/10 Page 41 of 85 pages 42 statements recorded of accused Jafir Ahmed, it shows that they are manipulated.

(d) It is also argued that as per the case of the prosecution, accused Jafir Ahmed was taken to Hissar on police remand and out of the police party who has gone for recovery, only two persons have been examined, it shows that case is manipulated against accused persons.

40. As regards accused Satpal and accused Kuldeep, it is argued by Ld counsel that there is no statement of any witness against them which can prove that accused Satpal and accused Kuldeep were residing there with accused Wasim. No recovery has been effected from accused Satpal. As per the case of prosecution, only four notes were recovered from accused Kuldeep, but there is no allegation for use of same. Statements of different witnesses are contradictory to each other and thus should not be believed.

S.C.No. 47/10 Page 42 of 85 pages 43

41. On behalf of accused Mohd Wasim and Bijender, Ld counsel had adopted the same arguments, as advanced on behalf of remaining accused persons.

42. Ld Addl. P. P. has argued that prosecution has proved its case against accused persons beyond reasonable doubt as recovery of counterfeit currency notes and the printing material has been effected from accused persons. There is no lacuna in the statements of prosecution witnesses. Testimonies of all witnesses prove the case of prosecution beyond reasonable doubt. Hence it is prayed by Ld Additional P.P that all accused persons should be convicted u/s 120 B IPC read with section 489A, 489B and 489 C IPC.

43. I have examined the rival contentions of Ld Additional P.P and Ld defence counsels and perused the record of the case.

44. The case of the prosecution as well as the testimonies of the prosecution witnesses examined can be briefly summerised as that on 24.09.2004 accused S.C.No. 47/10 Page 43 of 85 pages 44 Jafir Ahmed used the counterfeit currency note of denomination of Rs.50/ to purchase beer from the liquor shop, where PW2 Ramji Ram was working and on seeing the counterfeit note, PW2 informed the police and prosecution machinery , allegedly, was set in motion. Accused Jafir Ahmed was arrested, recovery of 32 fake notes of denomination of Rs.50/ was effected from his person. It is further the case of the prosecution that accused Jafir Ahmed pointed out to his shop/house at Nabi Karim and got recovered 100 notes of Rs.50/. During recording of his disclosure statement, accused Sanjiv Kalra was present in the police station, he was also interrogated and this led to the recovery of 65 fake currency notes from him. Investigation proceeded, police party went to Hissar and Sirsa. From Hissar, accused Wasim was arrested and from the house of accused Wasim, computer, printing material and 287 fake currency notes, semi finished notes were recovered. From Sirsa, police S.C.No. 47/10 Page 44 of 85 pages 45 recovered the computer, printing material from the house of accused Raj Kumar and during investigation accused Raj Kumar, Kuldeep, Satpal and Bijender were also arrested. Four fake currency notes were recovered from the house in possession of accused Raj Kumar and four fake currency notes were recovered from the possession of accused Kuldeep. Nothing was recovered from the possession of accused Bijender and Satpal. After investigation, charge sheet was filed accordingly.

45. The investigation in this case started from the arrest of accused Jafir Ahmed and allegations of prosecution is that all the 7 accused persons hatched conspiracy to indulge in manufacturing, distributing and trafficking in counterfeit/ fake currency notes and to pass/on the same as genuine currency notes.

46. In order to prove the offence u/s 120 B IPC against accused persons, it was required that the prosecution has to prove that there was meeting of S.C.No. 47/10 Page 45 of 85 pages 46 minds between accused persons or that accused persons were in communication with each other. Though, it is the case of the prosecution as per the disclosure statement of accused Jafir Ahmed Ex.PW1/A, Ex.PW3/A and Ex.PW5/A that he used to get fake currency notes from accused persons and can get accused persons arrested. But there is no evidence led by the prosecution to prove that any of the accused person was ever having any common intention or hatched conspiracy or there was any meeting of minds or they were in communication with each other in regard to manufacturing, distributing and trafficking the counterfeit currency note. No call detail record of any of accused persons has been taken on record or proved by the IO. There is nothing on record to prove that all accused persons were knowing each other or were working together except the disclosure statements of arrested persons which cannot be read against other coaccused in evidence, hence I am of S.C.No. 47/10 Page 46 of 85 pages 47 the opinion that prosecution has failed to prove the offence u/s 120 B IPC against all accused persons. Charge U/sec. 489 A IPC

47. Charge u/s 489 A IPC has also been framed against accused persons for manufacturing the counterfeit currency notes.

48. Section 489 A IPC reads as under:

Counterfeiting currency notes or bank notes Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency note or bank note, shall be punished with (imprisonment for life), or with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.

ExplanationFor the purpose of this section and of section 489 B, ( 489 C, 489 D and 489 E), the expression 'bank note' means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign, Power, and intended to be used as equivalent to, or as a substitute for money).

S.C.No. 47/10 Page 47 of 85 pages 48

49. As accused persons were charged for the offence u/s 120 B IPC, all were considered to be charged u/s 489 A IPC in furtherance of their common conspiracy. At this stage, I am of opinion that it was the duty of the prosecution to prove the conspiracy among the accused persons, in order to prove that all accused persons in furtherance of that conspiracy had manufactured the counterfeit currency notes in the denomination of Rs.50/, which I have already mentioned that prosecution has miserably failed to do. When the prosecution has not been able to prove the offence u/s 120 B IPC against accused persons, case of all accused persons have to be separately scrutinized, their acts and conduct is to be specially seen in relations to the particular offence which may or may not have been committed by the accused persons.

50. Accused Wasim, Bijender, Satpal and Raj Kumar are charged to be involved in manufacturing counterfeit currency notes of denomination of Rs.50/ S.C.No. 47/10 Page 48 of 85 pages 49 as counterfeit material was recovered from the house of accused Wasim and Raj Kumar. But it is important to mention here that in the absence of evidence against accused persons u/s 120 B IPC and further in the absence of any evidence against accused Bijender and Satpal having any communication, knowledge or relations with accused Wasim and Raj Kumar, it cannot be said that accused Bijender, Satpal were also involved in manufacturing of counterfeit currency notes. There is nothing on record which can be said to have been as proved by the prosecution, what to say beyond reasonable doubt, that accused Bijender or Satpal were also involved in manufacturing of counterfeit currency notes. Hence there is no evidence u/s 489 A IPC against accused Bijender and Satpal. Thus, no case is proved against accused Bijender and Satpal u/s 489 A IPC.

51. As regards accused Wasim and accused Raj Kumar, it is clear that as per seizure memos Ex.PW4/A S.C.No. 47/10 Page 49 of 85 pages 50 and Ex.PW4/B, computer hardware, printing papers, semi finished notes, 287 fake currency notes were recovered from the house, which was in possession of accused Wasim and accused Wasim was also present at the time of recovery of this material. Similarly from house of accused Raj Kumar, as per document Ex.PW7/A, computer hardware, printing material and four fake currency notes were recovered. The evidence led by the prosecution in this respect against these two accused persons will be discussed by me separately.

Evidence against accused Wasim

52. As per the case of the prosecution, police had taken accused Jafir Ahmed on police remand and had taken him to Hissar at House No. 67, Sector16, Hissar from where 287 currency note of Rs.50/ denomination each, a computer, coloured printer, blank stamp paper of Rs.1/ each and scanner was recovered during raid by the police and accused S.C.No. 47/10 Page 50 of 85 pages 51 Wasim was found in possession of that house. There is no explanation given by accused Wasim as to how he came in possession of these articles. Various stamp papers, partially printed currency notes, fully printed currency notes were also recovered from the said house. PW4 Satbir Singh is public witness, who has been the eye witness of the recovery of the articles from said house, along with PW6 Virender Singh. There is no suggestion given to either PW4 Satbir Singh or PW6 Virender Singh that no such recovery was effected from the possession of accused Wasim. Hence factum of recovery of these materials along with 287 fake currency notes is proved by prosecution beyond reasonable doubt.

53. The computer material and printer recovered from the possession of accused Wasim were sent to CFSL, Hydrabad. Report in this respect is Ex.PW18/A. As per report Ex.PW4/A, two CPUs were recovered from the house of accused Wasim. One CPU was S.C.No. 47/10 Page 51 of 85 pages 52 Tricom make and other CPU was of Selco make. As per report of FSL, Hyrdrabad, all unsealed articles ie computer hardware, mouse, keyboard, scanner etc were returned along with CPU after taking out hard discs from the CPUs. From the CPU of Tricom, hard disc Seagate having capacity of 40 GB was taken out as per the report of FSL, Hydrabad. Same was marked as Q1 whereas hard disc taken out from CPU Selco having capacity of 80 GB was marked as Q2. It is clear from the report Ex.PW18/A, which has not been challenged by any of the accused persons that incriminating material was found in hard disc marked Q2 as images of Rs.50/ denomination currency note bearing Serial No. 7TU914877 were found in the suspected storage media both front and back side of the note. Nothing incriminating was recovered from hard disc marked Q1 for the purpose of present case.

54. As per report Ex.PW16/A i.e the report regarding genuineness of currency notes, notes recovered from S.C.No. 47/10 Page 52 of 85 pages 53 the possession of accused Wasim were found to be fake. Testimonies of all the witnesses deposing against accused Wasim have remained uncontroverted and unshattered. Hence , I am of the opinion that prosecution has successfully proved that accused Wasim was involved in manufacturing of the counterfeit currency notes of denomination of Rs.50/ along with that he was also found in possession of 287 counterfeit curreny notes of Rs.50/ , therefore, offence u/s 489 A IPC is proved against accused Wasim beyond reasonable doubt.

Evidence against accused Raj Kumar

55. Similarly from the house of accused Raj Kumar printing material etc as per seizure memo Ex.PW7/A was recovered. As per the case of the prosecution, PW7 Rakesh Kumar, PW8 Amarjeet, PW11 Madan Lal were witnesses examined to support the recovery of material from the possession of accused Raj Kumar but all the witnesses have not supported the case of the S.C.No. 47/10 Page 53 of 85 pages 54 prosecution and have stated that no material was recovered in their presence and they were made to sign blank papers. Hence the prosecution has not been able to prove that recovery was effected, of either four fake currency notes or any printing material from the house of accused Raj Kumar. Hence the case u/s 489 A IPC and 489 C IPC is not proved against accused Raj Kumar by the prosecution.

56. Even otherwise, as per receipt given by FSL, Hyrdabad read with report Ex.PW18/A ie report given by FSL, Hyrdrabad, it is clear that hardware material which was sent to FSL being unsealed was sent back and only 21 CDs and three floppies material which were recovered from the house of accused Raj Kumar, as per Ex.PW7/A were retained for scientific examination by FSL, Hyrdrabad and as per Ex.PW18/A, Report of FSL, Hyderabad nothing incriminating was found in these CDs and floppies hence I am of the opinion that prosecution has not S.C.No. 47/10 Page 54 of 85 pages 55 been able to prove the case against accused Raj Kumar u/s 489 A IPC.

57. As regards recovery of four fake currency notes from accused Raj Kumar, same were allegedly found in the presence of PW7, PW8 and PW11 but they have not supported the case of the prosecution and these witnesses have stated that their signatures were obtained by police on blank papers, hence their testimonies are not reliable and are not able to prove the case beyond any doubt Thus, offence u/s 489 C IPC has also not been proved against accused Raj Kumar by the prosecution.

Evidence against accused Bijender and Satpal

58. As regards other accused ie Bijender and Satpal, neither any incriminating manufacturing material was recovered from their possession nor any such material was recovered at their instance as per the case of the prosecution, rather nothing has been recovered from the possession of the accused Satpal and Bijender. No S.C.No. 47/10 Page 55 of 85 pages 56 fake currency notes have been recovered from the possession of accused Satpal and Bijender. Hence , in the absence of success u/s 120 B IPC, prosecution was under duty to prove charges against all accused persons individually. But prosecution has not been able to prove the case against accused Satpal & Bijender u/s 489 A IPC.

Charge u/s 489 B IPC.

59. For better understanding section 489 B IPC is reproduced as under:

" 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 counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with 2 [ imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine"

60. In order to appreciate the provision of section S.C.No. 47/10 Page 56 of 85 pages 57 489 B IPC, it is required that either the accused buys, sells or receives from other persons counterfeit currency notes having knowledge about the note being counterfeit or he uses the same note as genuine or having the reason to believe that currency note is forged or otherwise traffics in counterfeit currency note is liable for punishment U/S 489 B IPC. EVIDENCE AGAINST ACCUSED JAFIR AHMED & WASIM

61. It is the case of the prosecution that on 27.09.2004 police from Delhi, along with accused Jafir Ahmed, had gone to the house of accused Wasim at House no. 67, Sector 16, Hissar, Haryana from where accused Wasim was arrested and incriminating material as per Seizure Memo Ex.PW4/A was recovered. As per testimony of PW14 SI Harish Chand, who is IO of the case, it was accused Jafir Ahmed who had led the police party to the house of accused Wasim and had stated that he used to bring fake currency S.C.No. 47/10 Page 57 of 85 pages 58 notes from the said house. Recovery from the House no. 67, Sector 16, Hissar, Haryana is individually witnessed by PW4 Satbir Singh and PW6 Virender. Accused Jafir Ahmed had taken the police party to the house of accused Wasim from where the material for printing /manufacturing counterfeit currency notes was recovered along with 287 fake notes, thus it is sufficient to prove that accused Wasim and accused Jafir Ahmed were involved in trafficking of counterfeit currency note knowing fully well that these currency notes were fake.

62. It was argued by Ld defence counsel for accused Jafir Ahmed that only two public persons out of the raiding party who had gone to Hissar for investigation has been examined and thus prosecution has not proved the case completely. I am unable to accept contention of Ld counsel for Jafir, in this regard. Admittedly PW10 SI Harish Chander along with public witness of recovery had been examined, hence S.C.No. 47/10 Page 58 of 85 pages 59 requirement of law is complete. Testimony of other police personnel might only be a repetition of same evidence which was not required. Hence, I am of opinion that prosecution has proved its case u/s 489 B IPC against accused Wasim & Jafir Ahmed beyond reasonable doubt that they were involved in trafficking of counterfeit currency notes.

Evidence against accused Bijender , Satpal and Raj Kumar

63. Though, accused Vijender, Satpal and Raj Kumar also charged with the offence u/sec. 489 B IPC, but as discussed above in detail, neither prosecution has been able to prove any conspiracy against any of the accused persons, nor the prosecution has succeeded in proving recovery of any incriminating material from any of these accused persons. So much so that prosecution has miserably failed to prove that there was any nexus between these accused persons, hence I am of the opinion that prosecution has not been able S.C.No. 47/10 Page 59 of 85 pages 60 to prove charge u/s 489 B IPC against accused Bijender, Satpal or accused Raj Kumar.

CHARGE U/S 489 C IPC

64. For better understanding section 489 C IPC is reproduced as under:

"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, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."

65. The requirement of section 489 C IPC is only the possession of counterfeit currency note with the accused having knowledge or reason to believe the same to be forged/counterfeit and intention to use the same or that the same is used as genuine.

66. The other allegations against accused Wasim is that he was found in possession of 287 notes which S.C.No. 47/10 Page 60 of 85 pages 61 were counterfeit currency notes as is discussed above. Similarly there is allegation against accused Kuldeep that he was found in possession of four counterfeit currency notes. No explanation has been tendered on behalf of accused Wasim and accused Kuldeep for the possession of those counterfeit currency notes which were recovered from their possession. Hence, I am of the opinion that in the light of above discussion that the prosecution has proved its case against accused Wasim and accused Kuldeep for possession of 287 counterfeit currency notes of denomination of Rs. 50/ and four notes respectively , hence offence U/S 489 C IPC is also proved against accused Wasim and accused Kuldeep.

EVIDENCE AGAINST ACCUSED JAFIR

67. In the present case accused Jafir Ahmed had used the note of Rs.50/, which was found to be counterfeit currency note as per report Ex.16/A. Ld counsel for accused Jafir Ahmed as well as Ld counsel S.C.No. 47/10 Page 61 of 85 pages 62 for accused Sanjiv Kalra had argued that the case against Jafir Ahmed has not been proved as PW2 has not identified the accused Jafir Ahmed. PW2 is the person to whom, as per case of the prosecution, note of Rs.50/ was given by accused Jafir Ahmed for purchase of beer bottle. At length, arguments were advanced by Ld counsel for accused Jafir Ahmed and Ld counsel for accused Sanjiv Kalra and they have pointed out that police has not carried out investigation in proper manner and prosecution has failed to prove the case against these accused persons as there are various lacunas and contradictions in the testimony of various witnesses.

68. Various lacuna pointed out on behalf of accused Jafir Ahmed and Sanjiv Kalra can be categorised in the following categories:

A) Witnesses have not supported the case of prosecution, as PW2 has not identified accused Jafir.


        2)    There   are   contradictions     in   the   testimonies   of 

S.C.No. 47/10                   Page 62 of 85 pages
                                     63

witnesses, as PW3 says he did not join investigation after 24.09.2004 but he is witness to the recovery effected on 25/09/2004 , different places of recovery and time of recovery and arrest of accused is stated by different witnesses.

(C) Procedure for investigation as laid down in Punjab Police rules, has not been followed.

69. Apart from that, Ld counsel for accused Sanjiv Kalra had also argued that admittedly accused Sanjiv Kalra was present in the police station on 2592004, though he was neither summoned by the police nor by that time he was named in the disclosure statement of accused Jafir Ahmed, hence his presence raises suspicion and falsifies the case of the prosecution.

70. I will discuss all the aspects of the arguments of Ld counsel of accused persons in detail separately.

71. The argument that accused Jafir Ahmed was not identified by PW2 hence testimony of other witnesses S.C.No. 47/10 Page 63 of 85 pages 64 is also not trustworthy, is not acceptable. PW2 Shri Ramji Ram was cross examined at length by Ld APP though he has not identified accused Jafir Ahmed in the court but that fact alone cannot be given much weightage considering the time gap between the date of incident and the time when his statement was recorded. There was a gap of about 2 years. From reading of testimony of PW2 as a whole, it is clear that he had given the name of the boy who had come to his shop for purchasing the beer bottle as 'Jafir'. It is also clear from his testimony that he had specifically stated that note of Rs. 50/ given to him by the boy named Jafir appeared to be counterfeit, when he asked the boy to change the same, he handed over another currency note of Rs. 50/ and then he observed that serial number of both the notes given by the boy were the same. This fact has not been countered by any of the accused persons as the PW2 was not cross examined on behalf of any of the accused persons.

S.C.No. 47/10 Page 64 of 85 pages 65 PW2 has also stated that he had signed the papers which were containing details regarding the recovery of currency notes. He has identified his signature on Ex.PW2/A at point A. Thus it is clear from the testimony of PW2 that one boy Jafir had used counterfeit currency note of Rs.50/ at his shop for purchase of beer bottle. The only point remains to be proved, at this stage, is the identity of the accused Jafir Ahmed, whether he was the same person or not.

72. PW3 Ct Dharambir was the person who had reached the liquor shop on receipt of information about the counterfeit currency note. He had correctly identified accused Jafir Ahmed to be the "boy" who was having fake currency note in his hand of denomination of Rs.50/ and had tried to purchase beer bottle from that fake note. In his presence seizure memo Ex.2/B was prepared. Even in the cross examination conducted by Ld counsel for accused Sanjiv Kalra, PW3 had specifically stated that accused S.C.No. 47/10 Page 65 of 85 pages 66 Jafir Ahmed was present in the liquor shop and his search was conducted by SI Kishan Chand. Not even a single suggestion has been given to PW3 that accused Jafir Ahmed is not the person who was present in the liquor shop or that accused Jafir Ahmed did not use fake currency note to purchase liquor. Ld counsel for accused Jafir Ahmed had not cross examined the witness. Hence, identity of accused Jafir Ahmed is established by testimony of PW3, which is not contested or countered on behalf of accused Jafir Ahmed. Hence, I am of the opinion that testimony of PW2 Ramji Ram and PW3 Ct Dharambir Singh establishes beyond reasonable doubt that accused Jafir Ahmed had tried to use the counterfeit currency note of Rs50/ for purchasing the beer bottle on 2492004 and he was also found in possession of 32 fake currency notes. The same fact that out of 32 fake currency notes recovered from his possession 19 notes are of same serial numbers and other 10 S.C.No. 47/10 Page 66 of 85 pages 67 currency notes having same serial number proves that accused Jafir Ahmed was in conscious possession of fake currency notes and also 'used' them as genuine having knowledge about the same to be forged. Thus, I am of the opinion that prosecution has been able to prove the case U/S 489 B and 489 C against accused Jafir Ahmed.

73. It was also argued on behalf of accused Jafir Ahmed by Ld counsel that IO has not signed the register no. 19 of malkhana while sending the case property to Hyderabad, hence the entries made in this respect are incorrect. PW12 HC Rajinder Kumar who was working as MHC(M) during the relevant period at PS Bada Hindu Rao, has specifically stated that on 15122004 all the case properties were sent to FSL Hyderabad through HC Hari Prasad vide RC no. 90/21/04 , copy of which is Ex.PW12/G , entry in register number 19 was exhibited as Ex.PW12/F and receipt of FSL is Ex.PW12/H. Opportunity to cross S.C.No. 47/10 Page 67 of 85 pages 68 examine the witness was given to Ld counsel for accused persons but no cross examination was done on any aspect of PW12. Thus, in the absence of any cross examination by Ld counsel, the testimony of PW12 remains unshattered and hence it is proved by him that the case property was sent to FSL Hyderabad on 15122004 vide RC Ex.PW12/F . Now at this stage it is not permitted to accused person to disprove or counter the evidence on the point that the entries have not been signed by the IO. While PW21 inspector Rajnish Prasad has specifically admitted in cross examination conducted by Shri PK Dubey Ld counsel for accused Sanjiv Kalra that he had sent the case property to FSL in its examination and had not put his signature in the register maintained by MHC(M). The explanation has already been given by inspector Rajnish Prasad regarding the absence of his signatures in register number 19 that since the property was not taken by him rather the same was taken by HC Hari S.C.No. 47/10 Page 68 of 85 pages 69 Prasad who had taken the case property to FSL Hyderabad. This fact is corroborated by testimony of PW19 Anand Kumar, Technical Officer who was posted in FSL Hyderabad and had stated that the case property was received in their lab on 17122004 hence, I am of the opinion that factum of sending the case property to FSL Hyderabad has been proved by PW 12 , PW19 and PW21.

74. Apart from the recovery of 32 notes from the possession of accused Jafir Ahmed , 100 currency notes of denomination of Rs.50/ were also recovered at the instance of accused Jafir Ahmed from his house No. A803 , Gali number 1, Amarpuri, Nabi Karim, Delhi. Ld defence counsels have challenged this recovery from accused Jafir Ahmed by saying that no departure or arrival entry was made by the IO in this respect while going towards the house of accused Jafir Ahmed or that no public person was joined at the time of recovery or that family members of the accused S.C.No. 47/10 Page 69 of 85 pages 70 Jafir Ahmed were not made to sign the recovery memo, hence it is argued by Ld defence counsel that recovery has not been proved against accused Jafir Ahmed. Even if, at this stage, for the sake of argument, it is considered that recovery of 100 currency notes of denomination of Rs.50/ recovered from the possession of accused Jafir Ahmed at the instance of accused Jafir Ahmed is not valid recovery, then also case against accused Jafir Ahmed has been proved by the persecution u/s 489 B and Section 489 C IPC as fake currency notes (total 32 in number) of Rs. 50/ denomination were recovered from the possession of accused while he was trying to use the same for purchase of beer bottle.

75. Despite various arguments and lengthy cross examination of the different witnesses by Ld counsel for accused Jafir Ahmed and specially by Ld counsel for accused Sanjiv Kalra nothing material had S.C.No. 47/10 Page 70 of 85 pages 71 surfaced which could shatter the testimony of prosecution witnesses. As is mentioned above, the identity and recovery of fake currency notes from accused Jafir Ahmed has been proved on record beyond reasonable doubt by the testimony of PW2 and PW3.

76. As regards the recovery of 100 notes from the house of accused Jafir Ahmed it is proved by the testimony of PW3 Ct Dharambir, PW5 ASI Gobind Ram. Ld counsel for accused Jafir Ahmed had argued that despite presence of family members of accused Jafir there, they have not been made witnesses. The entire stress of Ld. counsel for accused Jafir Ahmed in this respect had been on the point that no public witness was made to join the investigation or was not made witness of recovery when the recovery was affected at residential place. Thus, it creates doubt on authenticity of the recovery, I am of the opinion that the argument that merely because public persons S.C.No. 47/10 Page 71 of 85 pages 72 have not joined as witnesses the case becomes false and fabricated case, is not acceptable. My view gets support from the judgment of Hon'ble Supreme Court in Ajmer Singh Vs State of Haryana, 2010 (2) RCR, Crl. 132 that non joining of independent witness is not fatal to the prosecution case particularly when efforts were made by the investigating party to join public witness but none was willing. It was held that accused cannot be acquitted only because no independent witness was produced. The conviction was upheld in this case. Similarly in this case, at various aspects witnesses had stated that IO tried to join public witnesses but they refused to join. The reluctance on the part of the public to join or help police in any case or investigation is not a secret and is widely known.

77. It was also argued by Ld defence counsel that PW3 Ct Dharamveer had stated that he did not join investigation after 24/09/2004 , though he is a witness S.C.No. 47/10 Page 72 of 85 pages 73 to the recovery of 100 fake currency notes at the instance of accused Jafir effected allegedly on 25/09/2004. In my opinion, this cannot be termed as contradiction, even this is not worth mentioning. It is clear from record that PW3 Ct Dhartamveer had joined investigation only on 25/09/2004, neither prior to that, nor after that, he was a member of investigation team. Hence the date given as 24/09/2004 by him can either be due to lapse of human memory or may be due to typographical error. But it is not disputed even by Ld defence counsel that he did not join investigation even once. Hence, this argument is not acceptable.

78. Even otherwise, it is the case of accused Jafir Ahmed that he has been falsely implicated in this case, but he has neither made any complaint to the police nor to any higher authority for having falsely implicated in this case. More so, no defence evidence has been led by the accused to show that he S.C.No. 47/10 Page 73 of 85 pages 74 has been falsely implicated in this case. EVIDENCE AGAINST ACCUSED SANJIV KALRA

79. In view of my above discussion, I am of the opinion that prosecution has proved the case beyond reasonable doubt that counterfeit currency notes of denomination of Rs.50/ were recovered from accused Jafir Ahmed and testimony to this effect made by the witnesses is unshakable and trustworthy.

80. During the arguments, it was stressed upon by Shri P. K. Dubey, Ld counsel for accused Sanjiv Kalra that in the disclosure statements recorded of accused Jafir Ahmed, he has not named accused Sanjiv Kalra and therefore, reason for presence of accused Sanjiv Kalra in the Police Station on 25.09.2004 in the early morning has not been explained by the prosecution. I am of the opinion that this particular behavior or conduct of accused Sanjiv Kalra that there was nothing stated by the accused Jafir Ahmed against accused Sanjiv Kalra in his various disclosure S.C.No. 47/10 Page 74 of 85 pages 75 statements, despite that accused Sanjiv Kalra was present in the Police Station in the early morning hours on 25/09/2004 without being summoned or called by the police shows the relations/connections between accused Jafir Ahmed and accused Sanjiv Kalra. Why accused Sanjiv Kalra was present in Police Station, when he was not called by the IO or by SI Kishan Chand is a fact which should have been explained by accused Sanjiv Kalra himself. It was not to be explained by the prosecution. During the prosecution evidence, one suggestion has been given by Ld counsel for accused Sanjiv Kalra that accused Sanjiv Kalra was called by SHO of PS concerned on 25.09.2004. There is no document to this effect on record. There is no evidence in this regard led by the defence why accused Sanjiv Kalra was present in PS which was the fact which should have been explained by the accused Sanjiv Kalra himself and not by the prosecution as admittedly he was not called by the IO S.C.No. 47/10 Page 75 of 85 pages 76 and till morning hours on 25.09.2004, he was not named in the disclosure statement Ex.PW3/A given by accused Jafir Ahmed though in the subsequent disclosure statement accused Jafir Ahmed had disclosed the name of accused Sanjiv Kalra. Since he was present in the PS, he was also interrogated by the IO SI Harish Chander and thereafter following proper procedure he was arrested. No defence evidence was led by accused Sanjiv Kalra , to explain why he was called in police station by SHO concerned . Thus, this argument appears to have been taken by Ld counsel for accused Sanjiv Kalra only for sake of argument.

81. It has been proved on record by the prosecution that in the disclosure statement ExPW1/A, Accused Jafir Ahmed has mentioned the name of accused Sanjiv Kalra that he also used to receive the fake currency notes and on this point accused Sanjiv Kalra was interrogated by the IO in the PS, who had further made disclosure statement ExPW1/B and got S.C.No. 47/10 Page 76 of 85 pages 77 recovered 65 fake currency notes from his shop at Nabi Karim, Delhi.

82. It was argued on behalf of accused Sanjiv Kalra by Ld counsel Shri Dubey that testimony of prosecution witnesses does not inspire confidence as to who has written the document Ex.PW1/A ie disclosure statement of accused Jafir Ahmed and Ex.PW1/B, disclosure statement of accused Sanjiv Kalra has not been proved. At this point, I am constrained to say that in this case investigation has not been conducted in proper manner. The case concerning counterfeit currency notes required technical expertise of high standard, which the investigating team had not shown. Proper evidence had not been collected. It is clear from record that hardware recovered from the house of accused Wasim and allegedly recovered from the house of accused Raj Kumar was not sealed & due to this the same were returned by the FSL, Hyderabad. Even at one S.C.No. 47/10 Page 77 of 85 pages 78 stage of trial, all currency notes were mixed up by the police. These deficiencies in investigation are the cause of inability of prosecution to prove the case u/s 120 B IPC against all accused, & specially the offence u/s 489 A and 489 B IPC against accused Raj Kumar.

83. Due to the lapse of time in completion of prosecution evidence, small things like who has written the documents or in whose handwriting the document was prepared can be easily forgotten by the witnesses if they are being cross examined after ten years of the incident. It is important to mention that present case pertains to the year 2004, PW5 was cross examined in April 2010 whereas the IO SI Harish Chander was examined in July 2011. Though this fact can be considered as the lacuna in investigation but it is not so material which could shatter the prosecution case completely and hence in my opinion much reliance cannot be given to this fact. Admittedly, accused Sajiv Kalra was present in police station and S.C.No. 47/10 Page 78 of 85 pages 79 after disclosure statement given by accused Jafir Ahmed, accused Sanjiv Kalra was interrogated which led to his arrest and recovery of 65 counterfeit fake currency notes of Rs.50/ at his instance from the shop at Nabi Karim.

84. To disprove the recovery, Ld counsel for accused Sanjiv Kalra has also argued that different witnesses have given the different places of recovery of notes. He has argued that PW2 had stated that recovery was effected from card board box whereas as per seizure memo Ex.PW1/E , same was recovered from the bag (school bag). At this stage it is important to mention that there is no discrepancy in the testimony of witnesses. However, it has been tried by the defence to create confusion, first of all PW2 Ramji Ram was not present at the time of recovery from shop of accused Sanjiv Kalra. Rather it was PW3, who has stated that recovery of counterfeit currency notes was affected from the "wooden box" lying on the rack. This S.C.No. 47/10 Page 79 of 85 pages 80 recovery which PW3 has discussed is in respect to accused Jafir Ahmed and not in respect to accused Sanjiv Kalra. PW3 was not present during the time when the recovery was affected from the shop of accused Sanjiv Kalra. PW5 had specifically stated that from the shop of accused Jafir Ahmed recovery was affected from "box". As regards recovery effected from the shop of accused Sanjiv Kalra at his instance, it is stated by PW5 that 65 currency notes were recovered from the bundle of 100 notes of denomination of Rs. 50/ at the instance of accused Sanjiv Kalra and in the cross examination by Ld counsel for accused Sanjiv Kalra it was specifically stated by PW5 ASI Gobind Singh that recovery of 65 notes was made from raxine bag which was lying there. The suggestion given by Ld counsel that no such recovery was effected from accused Sanjiv Kalra was denied by the witness. PW14 SI Harish Chand has also deposed on the same lines as deposed by PW5.

S.C.No. 47/10 Page 80 of 85 pages 81

85. Various questions were put to PW14 who is IO of the case that departure or arrival entries were not made by him or the time is not mentioned for leaving the police station for the purpose of investigation and the manner of conducting the investigation, to my mind, these are not relevant for the present purposes. Non mentioning of time or non mentioning of DD entries can be called as deficiency in investigation but this deficiency is not so critical which could make the investigation untrustworthy. In the cross examination, PW14 had specifically stated that accused has taken out 65 currency notes out of the bundle of currency notes lying in the bag as the bundle was having genuine notes also. On this point no question has been put to the witness. On this point, no suggestion was given to PW 14 that accused Sanjiv Kalra had not voluntarily taken out fake currency notes from the bundle and handed over to the IO. The mere fact that the witness was not able to disclose the exact time of S.C.No. 47/10 Page 81 of 85 pages 82 recording of the disclosure statements, arrest and recovery of counterfeit currency notes from accused Sanjiv Kalra, will not make the case untrustworthy. I am of the opinion that prosecution witnesses are human beings and human memory is bound to fade with time especially considering the fact that police officials have to conduct investigation in various cases, during different tenure and the cases of different nature requires variety of investigation. Hence, it would not be appropriate, in my opinion, to require that IO should be able to tell the exact timings of disclosure statements made by the accused or of his arrest specially after a gap of atleast 89 years, if the said fact is not mentioned in the document. The absence of timings on disclosure statements will not make the case false as we are aware of the fact that we are dealing with human beings and not robots who will remember each and every thing even after the gap of 50 years. I am of opinion that these questions S.C.No. 47/10 Page 82 of 85 pages 83 regarding DD entries, non mentioning of timings were put to the witnesses only to confuse the witnesses. The testimony of prosecution witnesses remains unshattered and unchanged. Witnesses have specifically been able to prove that 65 counterfeit currency notes of denomination of Rs50/ were recovered from the shop of accused Sanjiv Kalra. The mere fact that accused Sanjiv Kalra had himself handed over notes from the bundle of 100 notes to the IO shows that he was aware of fake currency notes. The mere fact that accused Sanjiv Kalra was present in the police station after the arrest of accused Jafir Ahmed shows that there was a link between accused Jafir Ahmed and accused Sanjiv Kalra which was later on proved by the disclosure statement Ex.PW1/A given by the accused Jafir Ahmed which led to the recovery of counterfeit currency notes from the possession of the accused Sanjiv Kalra.

86. Hence, I am of the opinion that prosecution has S.C.No. 47/10 Page 83 of 85 pages 84 proved that accused Sanjiv Kalra was in possession of 65 counterfeit currency notes ( out of which 38 were later on found to be genuine), as per the testimony of PW16 the report PW16/A shows that currency notes recovered from the possession of accused person was fake. Hence, case U/S 489 C is proved against accused Sanjiv Kalra.

87. In view of my above discussion, prosecution has not been able to prove its case against all accused persons u/s 120 B IPC, hence all accused persons are acquitted of the offence u/s 120 B IPC.

88. Prosecution has also not been able to prove its case against accused persons ie Satpal, Bijender and Raj Kumar, hence they are acquitted from charges u/s 489 B IPC r/w section 120 B IPC.

89. Prosecution has succeeded in proving the case against accused Jafir Ahmed u/s 489 B IPC and u/sec 489 C IPC hence accused Jafir Ahmed is convicted for the offence punishable u/s 489 B and 489 C IPC.

S.C.No. 47/10 Page 84 of 85 pages 85

90. Prosecution has succeeded in proving the case against accused Wasim u/s 489 A, 489 B and 489 C IPC, hence Accused Wasim is convicted for the offence punishable u/s 489A, 489 B and 489 C IPC.

91. Prosecution has succeeded in proving the case against accused Sanjiv Kalra and Kuldeep u/s 489 C IPC, hence Accused Sanjiv Kalra and Kuldeep are convicted for the offence 489 C IPC.

92. Bail bonds of accused persons Satpal, Bijender and Raj Kumar are extended for six months as per provisions of section 437 A IPC.

ANNOUNCED IN THE OPEN COURT ON 06. 01.2014 (SHAIL JAIN) SPECIAL JUDGE: NDPS02 CENTRAL, DELHI S.C.No. 47/10 Page 85 of 85 pages

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Court In Ajmer Singh vs State Of Haryana, 2010 (2) on 6 January, 2014