Punjab-Haryana High Court
Cra-S-2475-Sb Of 2 vs State Of Punjab on 23 January, 2014
CRA-S-2475-SB of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
1. CRA-S-2475-SB of 2010
DATE OF DECISION: January 23, 2014
SUNITA RANI @ BABLI ...APPELLANT
VERSUS
STATE OF PUNJAB ...RESPONDENT
2. CRA-S-2492-SB of 2010
HARPREET SINGH @ CHINTU ...APPELLANT
VERSUS
STATE OF PUNJAB ...RESPONDENT
3. CRA-S-2524-SB of 2010
SANDEEP KUMAR @ SONU ...APPELLANT
VERSUS
STATE OF PUNJAB ...RESPONDENT
4. CRA-S-2592-SB of 2010
PARMINDER SINGH & RINKU ...APPELLANT
VERSUS
STATE OF PUNJAB ...RESPONDENT
5. CRA-S-2787-SB of 2010
JAGAR SINGH AND ANR. ...APPELLANTS
VERSUS
STATE OF PUNJAB ...RESPONDENT
6. CRA-S-3215-SB of 2010
RESHAM LAL ...APPELLANT
VERSUS
STATE OF PUNJAB ...RESPONDENT
CORAM: HON'BLE MR. JUSTICE M.JEYAPAUL.
1. Whether the judgement should be reported in the digest?
----
PRESENT: MR. RAJIV JOSHI, ADVOCATE FOR THE APPELLANT
in CRA-S-2475-SB of 2010.
Gulati Sumit
2014.02.20 12:54
I attest to the accuracy and
integrity of this document
CRA-S-2475-SB of 2010 -2-
MR. KANWALJIT SINGH, SR. ADVOCATE
WITH MR. AJAIVIR SINGH, ADVOCATE
& MR. V.B.RANDHAWA, ADVOCATE
FOR THE APPELLANT IN CRA-S-2492-SB of 2010.
MR. DEEPINDER SINGH BRAR, ADVOCATE
FOR THE APPELLANT IN CRA-S-2524-SB of 2010.
MR. H.S.GILL, SR. ADVOCATE
WITH MR. VIVEK GOEL, ADVOCATE
FOR THE APPELLANT IN CRA-S-2592-SB of 2010.
MR. SANJEEV SHARMA, ADVOCATE
FOR THE APPELLANTS IN CRA-S-2787-SB of 2010.
MR. RAJIV JOSHI, ADVOCATE
FOR THE APPELLANT IN CRA-S-3215-SB of 2010.
MR. NIKHIL. K.CHOPRA, DAG, PUNJAB.
M. JEYAPAUL, J.
1. Accused Sunita Rani @ Babli has preferred CRA-S-2475-SB of 2010. Accused Harpreet Singh has preferred CRA-S-2492-SB of 2010. Accused Resham Lal has preferred CRA-S-3215-SB of 2010. Accused Parminder Singh @ Rinku has preferred CRA-S-2592-SB of 2010. Accused Sandeep @ Sonu has preferred CRA-S-2524-SB of 2010. Accused Jagtar Singh and accused Surinder Kaur have preferred CRA-S-2787-SB of 2010.
2. In all, 12 accused faced the trial for the offences under Section 489-B and 489-C of IPC. Out of 12 accused, 1 accused died and 4 accused were acquitted. The above accused who were convicted under Section 489- B and 489-C IPC have preferred the respective appeals.
3. a) The brief case of the prosecution relevant for the purpose of these appeals is that on 8.10.2006 PW1 Inspector Jagjit Singh, Incharge of CIA Staff, Jalandhar held naka on the bridge of river Satluj in the area of Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -3- police station Phillaur having received a secret information that accused Jagtar Singh alongwith his wife Surinder Kaur were coming in a Tata Sumo jeep bearing registration No.HR-26-J-9682 and that they were in the process of transporting counterfeit Indian currency notes. A lady constable was also associated in the process of holding naka. At about 6.00 a.m. on the said day the aforesaid Tata Sumo jeep came from the side of Ludhiana. Accused Jagroop Singh was driving the jeep whereas accused Jagtar Singh was sitting by his side on the front seat. Accused Surinder Kaur was sitting on the rear seat. Accused Jagtar Singh suffered a disclosure statement based on which 4000 fake Indian currency notes from his briefcase each of the denomination of Rs.1000/-, in total a sum of Rs.40 lacs and 900 fake Indian currency notes each of the denomination of Rs.500/- in total Rs.4,50,000/- were recovered under recovery memo. Accused Surinder Kaur was carrying black colour bag. On search, fake Indian currency notes to the tune of Rs.50,000/- were recovered under recovery memo. Tata Sumo jeep was also taken into possession by preparing a separate recovery memo. The accused were arrested and thereafter remanded to judicial custody.
b) PW7 SI Kulwant Singh got secret information about the trafficking of fake Indian currency notes by accused Resham Lal and Sunita. He held a naka on Phillaur-Nawanshahr road. Both the accused were arrested by holding naka while they were coming from village Taing to Phillaur. Accused Resham Lal and accused Sunita suffered disclosure statements before PW7. PW7 conducted search on the person of Resham Lal and recovered 8 fake Indian currency notes each of the denomination of Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -4- Rs.500/- under the relevant recovery memo. Through the assistance of lady constable Daljit Kaur, a personal search of accused Sunita was made and 2 fake Indian currency notes each of the denomination of Rs.500/- were recovered under the relevant recovery memo. Both the accused were formally arrested and were remanded to judicial custody.
c) On 23.2.2006, PW7 raided the medical store of accused Harpreet Singh @ Chintu. He conducted search of accused Parminder Singh which led to the recovery of 7 fake Indian currency notes each of the denomination of Rs.500/- which were taken into possession under the relevant recovery memo. Accused Harpreet Singh suffered disclosure statement based on which 13 fake Indian currency notes each of the denomination of Rs.500/- in his medical store under the carton were recovered under the recovery memo. PW7 also conducted raid in the shop of accused Sandeep @ Sonu. On the basis of the disclosure statement suffered by said accused, 9 fake Indian currency notes each of the denomination of Rs.500/- in one box lying in his medical store were recovered under the relevant recovery memo.
4. In the statements under Section 313 Cr.P.C., accused Jagtar Singh, accused Surinder Kaur and accused Resham Lal had contended that false case was foisted on them. Accused Sunita Rani @ Babli has submitted that she was innocent, but a false case was implicated on her on mere suspicion at the instance of some persons who were inimical to her family. Accused Sandeep Kumar and accused Harpreet Singh submitted that they had been falsely implicated. No recovery was effected from them. Even otherwise, they never tried to pass on fake currency notes to anyone. They Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -5- were in the business of running chemist shop. At times, the customers did pass on fake currency notes at the time of purchasing medicine. On detection of such notes, they were segregated, but they were not put into circulation. Accused Parminder Singh had contended that he was working as part-time employee in the chemist shop of accused Harpreet Singh. The customers did pass on fake currency notes at the time of purchasing medicine. On detection of such notes, they were got segregated, but they were not put into circulation.
5. The trial Court having relied upon the evidence adduced on the side of the prosecution recorded conviction and sentence as against the accused as stated supra.
6. The sum and substance of the common submission made by the learned counsel appearing for the appellants is as follows:-
i) No independent witness was associated for the purpose of recovery of the fake Indian currency notes.
ii) There is no evidence to show that accused had a knowledge of the fake nature of the currency notes they allegedly possessed. The fake currency received from the customers by chemist shopkeepers and kept separately in the chemist shop were shown as recovery to foist a case. The offence under Sections 489-B and 489-C were not made out as against those accused whose chemist shops were raided and recovery was effected.
iii) No presumption could be drawn from the mere possession of the counterfeit, unless a bare look at them would convince anyone that it was a counterfeit note.
Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -6-
7. I heard the submissions made by learned DAG, Punjab appearing for the State supporting the verdict of conviction and sentence passed by the trial Court.
8. Let me first take up the charges against accused Jagtar Singh and accused Surinder Kaur. The evidence of PW1 would go to establish that on the basis of the secret information, he held nakabandi on 18.1.2006 at about 6.00 a.m. and intercepted Tata Sumo vehicle and recovered fake currency notes to the value of Rs.44,50,000/- at the instance of accused Jagtar Singh and fake currency notes to the value of Rs.50,000/- at the instance of accused Surinder Kaur.
9. The recovery had been effected on highway road at about 6.00 a.m. No wonder, the investigating official could not associate any independent witness. Under such circumstances, the non-association of the independent witness does not go to the root of the case. It is not the explanation of accused Jagtar Singh and accused Surinder Kaur that they carried such a large quantity of currency notes on the belief that they were real currency notes. The Hon'ble Supreme Court in M.Mammuti vs. State of Karnataka, AIR 1979 SC 1705 has held as follows:-
"If the notes were of such a nature that a mere look at them would convince anybody that it was counterfeit such a presumption could reasonably be drawn. But the difficulty is that the prosecution has not put any specific question to the appellant in order to find out whether the accused knew that the notes were of such a nature. No such evidence has been led by Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -7- the prosecution to prove the nature of the notes also. In these circumstances, it is impossible for us to sustain the conviction of the appellant."
10. The above decision would not apply in the special facts and circumstances of the instant case where no defence was set up by accused Jagtar Singh and accused Surinder Kaur that they carried such a large quantity of fake currency notes on the presumption that they were real currency notes.
11. Accused Jagtar Singh and Surinder Kaur were found traveling alongwith such a large quantity of fake currency notes, therefore, it could be very well presumed that they had been engaged in trafficking fake currency notes for the purpose of circulation.
12. In view of the above, I find that the trial Court was right in convicting accused Jagtar Singh and Surinder Kaur for the offence under Sections 489B and 489C IPC.
13. Let me now take up the prosecution case as against accused Sunita Rani @ Babli and Resham Lal. PW1 Inspector Jagjit Singh deposed that on interrogation of accused Jagtar Singh, the latter disclosed that he used to sell the fake currency notes to accused Resham Lal. But accused Resham Lal was not arrested based on such a disclosure statement suffered by accused Jagtar Singh before PW1 Inspector Jagjit Singh. PW7 SI Kulwant Singh had held nakabandi based on the secret information he received independently as regards the trafficking of fake currency notes by accused Resham Lal and Sunita Rani. In other words, the prosecution has come out Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -8- with two sets of evidence as regards the modus operandi of arrest of accused Resham Lal. One is that his involvement was already known through the disclosure statement of accused Jagtar Singh. The second is that based on the secret information received by PW7 Kulwant Singh, Resham Lal was arrested. Such a contradiction in the case of the prosecution could not be reconciled. At any rate, accused Resham Lal and accused Sunita Rani had not employed any vehicle and traveled alongwith huge quantity of fake currency notes for the purpose of circulation. Accused Rehsam Lal was allegedly found with just 8 fake currency notes each of the denomination of Rs.500/- and accused Sunita Rani was allegedly found in possession of 2 fake currency notes each of the value of Rs.500/-. If those accused had been involved in trafficking fake currency notes, there was no reason for them to come on foot from their village possessing just 8 currency notes and 2 fake currency notes respectively. PW7 has not disclosed the time at which naka was held by him. It may be a case where they possessed those negligible quantity of fake currency notes on the belief that they were really genuine currency notes. In my considered view, the prosecution has not established beyond reasonable doubt that accused Sunita Rani and Resham Lal were involved in trafficking fake currency notes for the purpose of circulation.
14. Let me now take up the charge as against accused Harpreet Singh, accused Parminder Singh and accused Sandeep Kumar. Accused Harpreet Singh and accused Sandeep Kumar were admittedly having chemist shops. The alleged recovery of fake currency notes had been made only from their shops. Accused Parminder Singh was admittedly an employee serving Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -9- on a part-time basis in the chemist shop of accused Harpreet Singh. The recovery was allegedly made from accused Parminder Singh only in front of the chemist shop of accused Harpreet Singh.
15. Harpreet Singh allegedly possessed 13 fake Indian currency notes. Accused Parminder Singh allegedly possessed 7 fake currency notes and accused Sandeep Kumar allegedly possessed 9 fake currency notes. If at all the above accused were involved in trafficking fake currency notes, there was no reason for them to keep in their possession a very negligible quantity of fake currency notes. Further, I find that those accused have come out with a plausible explanation that the customers sometimes used to pass on fake currency notes which would be segregated and kept aside in the chemist shop itself. Such an explanation given by the chemists deals a death blow to the very foundation of the case of the prosecution launched as against these accused. Further, as rightly pointed out by learned counsel appearing for the above appellants that there is no evidence to establish that the above accused were found selling or buying or trafficking any forged or counterfeit currency notes, nor is there any material to show that they kept the counterfeits in their chemist shop with an intention to use the same as genuine. Therefore, in my considered view, no offence under Section 489B and 489 IPC is made out against accused Harpreet Singh, accused Parminder Singh and accused Sandeep Kumar.
16. It is not the case of the prosecution that the raid was conducted in the chemist shop during midnight. It is not clear as to what time the raid was conducted. In all probability, the raid would have been conducted in a Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -10- broad daylight. At any rate, in my considered view, presence of the public would have been there. They should have been associated by the investigating agency for the purpose of not only conducting raid, but also for the recovery of the counterfeit notes from the chemist shop of the above accused. In the above facts and circumstances, I find that the prosecution has miserably failed to bring home the guilt to the above accused under Sections 489B and 489C IPC.
17. Accused Harpreet Singh, accused Sunita Rani @ Babli, accused Resham Lal, accused Parminder Singh @ Rinku and accused Sandeep Kumar @ Sonu are acquitted of the charges under Section 489B and 489C IPC and as a result the conviction and sentence recorded by the trial Court as against them stands set aside. Resham Lal is in custody. He be set at liberty forthwith, if his custody is not required in connection with any other case. The bail bond furnished by the other accused shall stand discharged.
18. Resultantly, CRA-S-2475-SB of 2010, CRA-S-2492-SB of 2010, CRA-S-3215-SB of 2010, CRA-S-2592-SB of 2010 and CRA-S-2524- SB of 2010 are allowed.
19. The conviction and sentence recorded by the trial Court as against accused-appellant No.1 Jagtar Singh stands confirmed. The conviction recorded as against accused-appellant No.2 Surinder Kaur also stands confirmed. Considering the quantity of fake currency notes recovered from her and the fact that she had to undergo the sentence alongwith her husband leaving behind their children in the lurch, I deem it proper to reduce the sentence of accused Surinder Kaur to 3 years 4 months and 25 days Gulati Sumit 2014.02.20 12:54 I attest to the accuracy and integrity of this document CRA-S-2475-SB of 2010 -11- which is the period she has already undergone as on date. Accused Surinder Kaur be released from custody forthwith, if her custody is not required in connection with any other case, as the sentence imposed on her stands reduced to the one already undergone by her as on date.
20. With the above modification in the sentence qua accused- appellant No.2 Surinder Kaur, CRA-S-2787-SB of 2010 stands dismissed.
January 23, 2014 (M. JEYAPAUL)
Gulati JUDGE
Gulati Sumit
2014.02.20 12:54
I attest to the accuracy and
integrity of this document