Calcutta High Court (Appellete Side)
Anikul Sk. @ Nur Islam & Anr vs The State Of West Bengal -- Opposite ... on 13 March, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION
CRA No. 568 of 2010
Anikul Sk. @ Nur Islam & Anr. --Appellants/Accused
-versus-
The State of West Bengal -- Opposite Party
Mr. Kallol Mondal
Mr. Krishan Ray
Mr. Gorachand Samanta
Ms. Amrita Chel ... for the Appellants
Mr. Somopriyo Roy Chowdhury ... for the State
Heard on : 13.3.2013.
Judgment on : 13.03.2013.
Toufique Uddin, J. :
This appeal arose out of the judgment and order dated 13.08.2010 passed by the learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No. 8/2010 and convicting the appellants under section 489-C of the Indian Penal Code and sentencing them for a period of five years and to pay a fine of Rs. 5,000/- each with default clause.
In the background of this appeal, the fact in a nutshell is as follows :
On 25.4.2004 at about 8.05 a.m. one SI Farid Hossain, Officer-in-Charge of Kaliachak P.S. received a source information that some miscreants had brought a huge amount of fake Indian currency notes to use and push the same into Indian market as genuine and were waiting at village Bamontala under PS Kaliachak. Accordingly, he diarised the information in the general diary book and left for Bamantola with police force. At about 8.45 a.m. they reached Bamontola village and spotted the place where the miscreants gathered with the help of the informant. The miscreants having got the scent of police party, started to run away helter-skelter. They were chased by the police; some of them fled away and only two of them were caught red handed. Those two miscreants were Anikul Sk. and Montu Sk., as divulged by them. On search of the body of the two accused persons, a large number of fake Indian currency notes were recovered. From accused Anikul Sk. were recovered 102 numbers of five hundred-rupee-note and from Mantu Sk. were recovered 150 numbers of one hundred-rupee-note. The notes were seized then and the seizure list was prepared.
A complaint was lodged.
During investigation, police took the report of CFSL and on completion of investigation, charge-sheet was submitted against the accused persons under sections 489-A/489-B/489-C/34 IPC.
The case was committed to the Court of Sessions by the learned Magistrate. The learned Trial Court on hearing of both sides framed charge under sections 489-C of IPC against the accused persons. The contents of the charge were read over and explained to them when the accused persons pleaded not guilty and claimed to be tried.
To contest this case, the prosecution examined nine witnesses while the defence has examined none. However, the accused persons were examined under section 313 of Cr.P.C. The defence case was denial of offence with a plea of innocence.
On hearing of both sides, the learned Trial Court convicted the present appellants by the impugned judgment. Now, the point for consideration is if the impugned judgment suffers from material irregularity and calls for any interference or not.
Section 489-C of IPC runs as follows :
"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, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."
Amongst others interalia it was contended by the Learned Counsel for the appellants that the case has not at all been proved in view of the fact that the independent witness i.e. P.W.-7 and 8 did not support the prosecution case.
On the other hand, learned Counsel for the State strenuously argued that the case has been proved to the hilt and there is no scope for interference of the judgment of the Court below.
To appreciate the case from a better angle some relevant pieces of evidences are required to be mentioned here.
FIR (Exbt. 2) was lodged by the SI, Farid Hossain i.e. P.W.-3. Keeping a link with the complaint, he deposed in the same line like P.W.-1 and 2. He stated that these two appellants were caught red handed while other fled. On search of these two persons, some fake currency notes were recovered from their possession, kept concealed under their garments in a polythin bag and seizure list was accordingly prepared in presence of witnesses, P.W.-7 and 8. Extensive cross-examination was done to these witnesses. Nothing could be elicited favourable to the appellants.
P.W.- 1 accompanied the raid party.
P.W.- 2 is one NVF also accompanied raid party and corroborated the prosecution case. P.W.- 6 is one NVF and stated that some fake currency notes to the extent of 102 pieces of five hundred rupee denomination were obtained from Anikul Sk. whereas 155 pieces of one hundred rupee denomination notes were obtained from Mantu Sk.
P.W.- 7 stated that he saw police were chasing five persons and out of the five, two were caught red handed. It is his further evidence that fake currency notes were recovered from these two persons and seizure list was prepared and witnesses put signature thereon. It is true that he stated in cross-examination that he did not know the contents of the seizure list but his evidence in chief is enough for putting reliance on his statements.
P.W.- 8 is in another seizure list witness. He also stated that police brought two accused persons and he found that some currency notes in the hands of police.
P.W.- 9 is the Investigating Officer of this case.
Considering the entire evidence and the discussion made by the learned Trial Court, I am of the view that the prosecution has been able to establish the case that the currency notes were fake in nature and those were actually recovered from the possession of the present two appellants. The Court appears to have rightly convicted the present two appellants.
Regarding sentence, learned Counsel for the appellants lastly and alternatively argued that if the Court finds the accused persons guilty in that event the sentence already undergone should be treated as sentence of imprisonment.
I also heard on this point the learned Counsel for the State. He contended that the present offence has serious consequences on Indian economy.
Pinpointed questions were asked to the appellants while they were examined under section 313 Cr.P.C. No possible alternative explanation appears to have been offered by the present appellants save and except the alibi that they are falsely implicated.
The appellants Anikul Sk. and Mantu Sk. appear to be 33 years and 35 years of age respectively.
Considering the quantum of the fake currency notes and the age of the appellants and the period already suffered to the extent of 2 (two) years and 10 (ten) months out of 5 (five) years and the fact that there is no minimum punishment in the Code, I am of opinion then the period already undergone may be converted to the period of sentence. But at the same time I am of the view that the amount of fine should be increased considerably.
Therefore, the appeal stands allowed in part.
The conviction passed by the learned Trial Court is maintained but the sentence is modified in the following manner :
(a) The substantive part of the sentence be restricted to the period already undergone in the meantime to the extent of 2 years and 10 months ;
(b) Each of the appellants shall pay a fine of Rs. 25,000/-, in default to suffer RI for further one year. The fine amount shall be positively paid by three months hence.
This criminal appeal is thus disposed of.
Let a copy of this judgment along with LCR be sent back to the learned Trial Court immediately. Criminal Section is directed to supply the urgent Photostat certified copy of this judgment to the parties, if applied for.
(Toufique Uddin, J.)