Calcutta High Court (Appellete Side)
Md. Mostafa vs State Of West Bengal on 10 February, 2020
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION Present:
The Hon'ble Justice Joymalya Bagchi And The Hon'ble Justice Suvra Ghosh C.R.A. 179 of 2015 Md. Mostafa
-Vs-
State of West Bengal
For the Appellant : Mr. Swagata Datta .. Advocate
Mr. Kausik Chowdhury .. Advocate
For the State : Mr. Pradipta Ganguly .. Advocate
Heard on : 10.02.2020
Judgment on : 10.02.2020
Joymalya Bagchi, J. :-
The appeal is directed against the judgment and order dated 9th March, 2015/10th March, 2015 passed by the learned Sessions Judge, Darjeeling in Sessions Case No. 46 of 2013 convicting the appellant for commission of offence punishable under Sections 489B & 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months more for the offence punishable under Section 489B IPC and to suffer rigorous imprisonment for five years and to pay fine of Rs.2,000/, in default, to suffer rigorous imprisonment for two months more for the offence punishable under Section 489C IPC; both the sentences to run concurrently.
The prosecution case as alleged against the appellant is to the effect that on 9th May, 2012 one T.T. Bhutia, Inspector of Police, D.I.B. Darjeeling (PW4) received information that a person was moving suspiciously at Central Plaza Shopping Complex, P.S. Sadar and trying to purchase articles with forged Indian currency notes. Accordingly, he along with other police officers went to the spot and on identification by source intercepted the appellant. On search he recovered a large number of currency notes suspected to be fake of Rs.1,000/- and Rs.500/- denominations totalling Rs.11,000/- along with other articles. On interrogation, appellant stated that he had brought the fake Indian currency notes from his village Nahit under P.S. Hariharampur, Dist: Dakshin Dinajpur to use them as genuine in Darjeeling town area. The de-facto complainant consulted the Bank Manager of State Bank of India, Darjeeling who opined that the currency notes were fake. Accordingly, he lodged FIR being Sadar Police Station Case No.51 of 2012 dated 09.05.2012 under Sections 489B/489C IPC against the appellant. In course of investigation, co-accused namely, Abdul Hakim @ Dalim was also arrested. In conclusion of investigation, charge-sheet was filed against the appellant and co-accused namely, Abdul Hakim @ Dalim. Charge was framed under Sections 489B/ 489C IPC against the appellant and under Section 489B IPC against the co-accused namely, Abdul Hakim @ Dalim. In the course of trial, prosecution examined 8 witnesses and exhibited a number of documents. The defence of the accused persons was one of innocence and false implication. In conclusion of trial, the trial Judge by the impugned judgment and order dated 9th March, 2015/10th March, 2015 convicted and sentenced the appellant, as aforesaid. However, by the selfsame judgment co-accused namely, Abdul Hakim @ Dalim was acquitted of the charge levelled against him.
Mr. Swagata Datta, learned advocate appearing for the appellant submitted that evidence of the official witnesses suffer from various contradictions and/or inconsistencies. Hence, the appellant is entitled to an order of acquittal.
On the other hand, Mr. Pradipta Ganguly, learned advocate appearing for the State submits that the evidence of the official witnesses is supported by the evidence of an independent witness (PW2). Exhibit-7 (report of expert) proves the seized currency notes to be fake. Hence, the prosecution has been able to prove its case beyond doubt.
PW4 is the de-facto complainant in the instant case and the leader of the raiding party. He deposed on 9th May, 2012 he received information that a person was trying to purchase articles at Central Plaza Market Complex with fake Indian currency notes. He along with S.I. C. N. Bhutia (PW1) and others went to the spot and on identification by source they intercepted the appellant and recovered four numbers of currency notes of Rs.1,000/- denomination and 14 nos. of Rs.500/- denomination notes which appeared to be fake. He proved the seizure list. On interrogation the appellant stated he obtained the fake currency notes from one Dinesh Nahi. The notes were sent to the Manager, State Bank of India, Darjeeling Branch who opined they were fake. He lodged written complaint (Exhibit-4). He identified the currency notes in court (Mat. Exhibit-3). He also proved the labels on the notes which were signed by the appellant as well as the witnesses.
Evidence of PW4 has been corroborated by the members of the raiding party PW1 (S.I. C.N. Bhutia), PW3 (A.S.I. Shibu Chandra Das) and PW5 (A.S.I. Bir Bahadur Thapa). They have also proved their signatures on the seizure list as well as the labels.
Version of the official witnesses is corroborated by PW2 (Nima Thendup Bhutia), a shopowner. He deposed on 9th May, 2012 around 03:15 P.M. he heard a commotion. He came out of the shop and found police officers had detained the appellant. They searched and recovered four numbers of Rs.1,000/- and 14 nos. of Rs.500/- denomination notes, two mobile phones etc. He signed on the seizure list.
PW6, PW7 and PW8 are the Investigating Officers of the instant case. PW8, S.I. Chinmoy Bhattacharya deposed that seized notes were sent for examination to the General Manager, Currency notes, Notes Press, Nasik Road, Nasik.
PW7, S.I. Dipankar Biswas received the report of the expert and proved the same (Exhibit-7).
PW6, Man Kumar Rai submitted the charge-sheet.
From the evidence on record it appears that version of official witnesses with regard to recovery of fake Indian currency notes of a large volume from a market place from the custody of the appellant is corroborated by independent witness PW2. Opinion of the expert (Exhibit-7) shows that currency notes seized from the possession of the appellant were fake. There is no break in the chain of custody between the seizure and currency notes and its examination by the expert. Hence, the conviction of the appellant has been proved beyond reasonable doubt.
Hence, conviction of the appellant under Section 489B and 489C is upheld. Although a large volume of fake currency notes were seized from the possession of the appellant, we note that he does not have criminal antecedents. Under such circumstances, balancing the aggravating and mitigating factors, we modify the sentence imposed on the appellant and direct that he shall suffer rigorous imprisonment for a period of 7 (seven) years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for 6 (six) months more for the offence punishable under Section 489B of the Indian Penal Code. Sentence imposed on the score of section 489C is, however, upheld. Both the sentences shall run concurrently.
The appeal is accordingly disposed of.
Period of detention suffered by the appellant during the period of investigation, enquiry and trial shall be set off against the substantive sentence, as aforesaid, in terms of Section 428 of the Code of Criminal Procedure.
Let a copy of this judgment along with the lower court records be sent down to the trial Court immediately for necessary action and execution of the sentence.
I agree.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.) akd/tkm/bdas & PA