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Sc No. 43/14 & Old No. 54/11 State vs . Bhola Kumar Etc. Page No. 1/31 on 16 February, 2015

            IN THE COURT OF SH. NARESH KUMAR MALHOTRA, 
            ADDITIONAL SESSIONS JUDGE­05, WEST, TIS HAZARI 
                            COURTS, DELHI.

       IN THE MATTER OF
       SESSIONS CASE NO.43/14 & Old No. 54/11.
       ID No. 02401R0278552011
       FIR NO. 66/11
       P.S. Crime Branch, U/S  489B/489C IPC. 

       STATE
                      VERSUS

       1. Shri Bhola Kumar, 
       S/o Sh. Raghav Shah, 
       r/o Village­ Simraiyan, PS­ Chabra Dhanu,
       Distt. Motihari, Bihar. 

       2. Shri Kaushar Ali, 
       S/o late Sh. Raquib Ahmed, 
       r/o Village Bheriharwa, 
       Distt. East Champaran,  PS­ Ram Garhwa, 
       Distt. East Champaran, Bihar. 

       DATE OF INSTITUTION                                   :      03.10.2011
       DATE OF RESERVING THE ORDER                           :      13.02.2015
       DATE OF DECISION                                      :      16.02.2015

       JUDGEMENT

1. In brief, the case of the prosecution is that on 13.03.2011 at 1:00 PM an information was received by SI Sunil Kumar from informer at SIT Crime Branch Sector 18, Rohini, Delhi that two boys namely Gandhi and Bhola who are residents of Motihari, Bihar are circulating fake Indian currency in area of Khyala west Delhi, who are trying to circulate fake Indian currency today in large SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 1/31 quantity and meeting can be fixed with both of them and they can be caught with fake Indian currency. SI Sunil gave this information to senior officers who directed to take legal action accordingly. On this information a raiding party was formed including ASI Harcharan Singh, ASI Ajmer Singh, HC Kanwar Pal, HC Jai Bhagwan, Ct. Kaushal and Ct. Atul under supervision of Inspector Rajesh Sharma. They all proceeded to place of information in two private cars at 1:30 PM and reached at 2:15 PM at Kesho Puram Subzi Mandi, Khyala. There ASI Ajmer was deputed as decoy customer. He was briefed to struck deal with them and to fix place and time and was sent with the informer. At 3:15 PM, ASI Ajmer Singh reuturned back along with informer and told that deal has been struck with Bhola and Gandhi for two lakh rupees of denomination of Rs. 500/1000 at the rate of 100/60 original currency notes i.e. fake Indian currency near gate of Nanak Dham. SI Sunil Kumar briefed the raiding party in supervision of Inspector Rajesh. 8/10 passerby and two rickshaw puller were given the facts of the information and were told to join the raiding party but all of them went away by giving their valid reasons without giving their names and addresses. Without wasting time both the private cars were parked near Park Hospital and the raiding party was deployed at radius of 50 meters at 4:00 PM. Decoy customer and informer was deputed near the gate of Nanak Dham and waited for the above said persons and were briefed that when they see the fake currency the decoy customer will move his hands on his head.

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At 4:25 PM, two boys, one was wearing T­shirt and Jeans and another was wearing pant shirt both came on foot from Khyala bus route No. 830 bus stand and came near decoy customer and informer near Nanak Dham gate and started talking between themselves. After five minutes both of them took bundles of notes from their pants and showed to decoy customer and informer. After getting signal from the decoy customer SI Sunil conducted raid and with help of the staff both boys were overpowered who have in the meantime kept the bundles of notes in the pockets of their pants. At 4:30 PM after apprehending both the accused SI Sunil gave his identity and the team members and the name and address of the boys were found to be (1) Bhola Kumar S/o Raghav Shah, r/o Village Simraiyan, PS­ Chabra Dhanu, Distt. Motihari, Bihar, aged about 20 years, (2) Kaushal Ali S/o Late Raquib Ahmed r/o Village Bheriharwa, Dist. East Champaran, PS­ Ram Garhawa, Distt. East Champaran, Bihar, aged about 32 years present address H. No. 5A/91, First Floor, near Chaudhary Building, Khayala, Delhi. Both of them were told about the facts of the information and also that both of you have come today to circulate fake Indian Currency and fake Indian currency can be recovered from both of you.

Before taking the personal search of both, 4/5 persons were told to join the proceedings but none joined and went away with out giving their names and addresses and the crowd also disburse. SI Sunil took the search of Bhola Kumar and from the pant which he was wearing from right pocket 1000 rupees packet SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 3/31 was recovered which was tied with the help of rubber band, which was checked and found to be 100 notes of 1000 rupees denomination with Serial Nos. 6CD580401 to 6CD580416 Total­ 16, Sl. Nos. 6CD580420 to 6CD580422 Total­3, Sl. No. 6CD580424 to 6CD580469 Total­ 46, Sl. Nos. 6CD580471 to 6CD580473 Total­3, Sl. Nos. 6CD580476 to 6CD580484 Total­9. Sl. Nos. 6CD580486 to 6CD580489 Total­ 4, Sl. Nos. 6CD580491 to 6CD580495 Total­5, Sl. Nos. 6CD580497 to 6CD580500 Total­4, Sl. Nos. 6CD572940 to 6CD572945 Total­6, Sl. Nos. 6CD573073 to 6CD573076 Total­4, Total­ 1000x100= 1,00,000. The recovered packet was marked 'A'. From the bundle notes having number 6CD573075 and 6CD573076 (1000x2=2000) were taken out as sample as per standing order No. 219/10. Remaining recovered notes were kept in a plastic jar and the cap was closed and doctor tape was fixed over the cap and was tied with the help of piece of white cloth and pullanda was prepared and seal SK was fixed on it. Sealed pulanda was taken in possession. After this search of Kaushar Ali was taken and two packets of counterfeit currency notes were recovered from the right and left side pockets of his pant of denomination of 500 rupees. After counting each packet was found to have 100 notes each which were found to be fake Indian Currency and the packets were marked B & C. In mark B packet notes were from Sl. No. 5AH510001 to 5AH510100 Total 100 notes. In mark C packet notes were of serial no. 5AH515201 to 5AH515241 total SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 4/31 41, Sl. No. 7AP447905 to 7AP447918 Total 14, Sl. No. 7AP447920 to 7AP447932 Total­ 13, Sl. No. 7AP447934 to 7AP447956 Total 23, Sl. No. 7AP447958 to 7AP447966 Total 9 were recovered which were 500 x 100 = 50,000 Rs. one note having number 5AH510100 from packet "B" and 7AP447966 from Packet "C" (500 x 2= 1000) were taken out as sample as per standing order number 219/10. The remaining recovered notes packets mark "B" & "C" were tied with rubber band and kept in a plastic jar and the cap was closed and doctor tape was fixed over the cap and tied with the help of piece of white cloth and pullanda was prepared and seal SK was fixed on it. Seal was handed over after used to ASI Ajmer Singh and sealed pulanda was taken in police possession. As both the accused persons namely Bhola Kumar and Kaushar Ali had kept fake Indian Currency in their possession and by circulating it has committed offence u/s. 489B, 489C and hence the present case was registered.

2. Thereafter, investigation was carried out by the IO. During investigation, accused persons were interrogated. The case property was deposited in the PS. The statements of the witnesses were recorded u/s. 161 Cr.P.C and disclosure statements of accused persons were also recorded. Thereafter, charge­sheet was filed u/s. 489B, 489C against both the accused persons.

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3. Charge for the offence punishable U/s 489B IPC & 489C IPC was framed against both the accused persons on 20.10.2011 by my ld. Predecessor to which they pleaded not guilty and claimed trial.

4. In order to prove its case the Prosecution has examined 08 witnesses i.e. PW­1 Ct. Jagdev Singh; PW­2 ASI Ashok Kumar; PW­3 HC Jag Narain; PW­4 Ct. Suresh Kumar; PW­5 SI Sunil Kumar; PW­6 ASI Ajmer Singh; PW­7 SI Shiv Darshan and PW­8 Ex. Ct. Kaushal Singh.

5. Statement of accused persons U/s 313 Cr.P.C. were recorded in which all the incriminating evidence put to them. Both the accused persons have stated that they have been falsely implicated in the present case. Accused Kaushar Ali stated that he is innocent and was lifted from his shop with co­accused Bhola. SI Ajmer Singh was a regular visitor to his shop and he tried to take clothes without making payment. When accused asked to make the payment, SI Ajmer Singh threatened him to implicate in a false case. The accused Bhola also stated that he has been falsely implicated in the present case. He is innocent and was lifted from the shop of co­accused Kaushar Ali. Both the accused persons did not lead any defence evidence.

6. I have heard ld. Addl. PP for the State and ld. Amicus Curiae for the accused Bhola and ld. Counsel for the accused Kaushar Ali SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 6/31 and perused the record carefully.

7. PW­1 Ct. Jagdev Singh has deposed that on 13.03.2011 he was posted at SIT Crime Branch as DD writer. On that day, at about 1:30 PM SI Sunil Kumar recorded the DD no. 5 in the Rojnamcha regarding the receiving of secret information and organized a raiding party and departure of raiding party. The true copy of DD no. 5 was proved as Ex. PW­1/A. This witness also deposed that on the same day, at about 6:45 PM Inspector Rajesh Sharma gave the information of telephone that two persons were apprehended alongwith counterfeit Indian Currency at Nanakdham, Khyala. He recorded the abovesaid information in the Rojnamcha vide DD No. 7 and it was marked to SI Shiv Darshan. The true copy of DD No. 7 was proved as Ex. PW­1/B.

8. PW­2 ASI Ashok Kumar has deposed that in the intervening night of 13/14.03.2011, he was posted at PS Crime Branch as Head Constable. On that night, he was working as a duty officer from 8 PM to 8 AM. At about 8:30 PM, he received rukka sent by SI Sunil through Ct. Kaushal. On the basis of said rukka, he got the present FIR recorded on computer through computer operator. Computerized copy of the FIR was proved as Ex. PW­2/A. He made endorsement on the rukka and same was proved as Ex. PW­2/B. This witness also deposed that the further investigation of the case was marked to SI Shiv Darshan and he handed over the copy of FIR and original rukka to Ct. Kaushal to handover the SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 7/31 same to SI Shiv Darshan.

9. PW­3 HC Jag Narain has deposed that on 13.03.2011, he was posted as MHC(M) at PS Crime Branch. On that day Ct. Suresh was sent by SI Siv Darshan with two plastic jars having fake currency notes duly sealed with the seal of SK along with copies of the seizure memos as well as the articles recovered from the personal search of the accused persons along with copies of the memos and same were deposited in malkhana vide entry no. 887 in register no. 19. The copy of same is proved as Ex. PW­3/A. This witness also deposed that on 16.04.2011 Constable Suresh received the case property from malkhana for depositing the same in the office of Nasik Press, Maharashtra vide RC No. 162/21 and entry of the same is made at point­ A in Ex. PW­3/A. This witness also deposed that he has also brought register no. 21 today in the court. The copy of road certificate no. 162/21 dated 16.04.2011 vide which Ct. Suresh had taken the case property in the office of Nasik Press Maharashtra from malkhana is proved as Ex.PW­3/B (OSR). This witness also proved the endorsement regarding the receipt of the case property by the Head Clerk of Currency Note Press Nasik as Ex. PW­3/B.

10.PW­4 Ct. Suresh Kumar has deposed that on 16.04.2011 he had received two sealed pulandas (plastic containers/jars) duly sealed with the seal of SK, one pulanda containing 198 currency notes of Rs. 500/­ denomination each and other pulanda was containing SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 8/31 98 currency notes of Rs. 1000/­ denomination each (total 296 currency notes) from malkhana PS Crime Branch, Nehru Place for depositing the same in Currency Note Press Nasik vide RC No. 162/21. He deposited the same in Currency Note Press Nasik on 18.04.2011 vide receipt no. 206/11 and came back to malkhana PS Crime Branch on 20.04.2011 where he deposited the original receipt and a copy of the road certificate. On the same evening, he had handed over the photocopy of the receipt to the IO.

11.PW­5 SI Sunil Kumar has deposed that on 13.03.2011, he was posted in the office of Special Investigation Team, Crime Branch, Sector­ 18, Rohini. On that day at about 1:00 PM, he received secret information that two boys namely Gandhi and Bhola resident of Motihari, Bihar are involved in circulating the fake currency notes in the area of Khyala, West Delhi and on that day they were in possession of fake currency notes and they were in process of circulating the same in the area of Khyala. The secret informer told them that he could arrange a meeting with said persons in the form of decoy customer. He conveyed the abovesaid secret information to his senior officers and he was instructed to take necessary action. Thereafter, a raiding party consisting of PW­5, ASI Harcharan Singh, ASI Ajmer, HC Kanwar Pal, HC Jai Singh, Ct. Atul and Ct. Kaushal was prepared. They all along with secret informer left their office at 01:30 PM in private vehicles and reached Keshopur Subzi Mandi, Khyala. ASI Ajmer was made a decoy customer and briefed about his role. ASI SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 9/31 Ajmer was sent for meeting the accused persons along with the secret informer at 02:15 PM. They came back at 03:15 PM and ASI Ajmer informed that meeting with accused Bhola and Gandhi had been concluded and they were prepared to give fake currency notes of total value of Rs. Two lakhs in the denomination of 500/1000 and further stated that "Rs. 60 KE BADLE Rs. 100 MILENGE". (For genuine currency worth of Rs. 60/­ a fake currency note of Rs. 100/­ would be given by those boys). It is also deposed by PW­5 that ASI Ajmer further informed him that the time 4:30 PM to reach the Nanakdham Gate, Khyala for the said purpose was fixed up for delivery of fake currency notes. He briefed the raiding party in detail under the supervision of Inspector Rajesh and deputed the raiding party near Nanak Dham Gate in the radius of fifty meters in which decoy customer and informer were deputed near Nanak Dham Gate. At about 4:00 PM a trap was laid. At about 4:25 PM two boys came from the side of bus stand Khyala 830 and reached up to decoy customer, who was standing with secret informer at near the gate of Nanak Dham and started talking with each other. After about five minutes those two boys took out wads of notes from their pockets and shown the same and again put the same in their pockets. The secret informer gave indication to conduct a raid. After receiving the indication from the secret informer they surrounded both the boys and apprehended them at about 04:30 PM. PW­5 introduced and disclosed himself and other raiding party members to those boys and told them they had an SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 10/31 information that they used to supply fake currency notes and the deal was struck with them. Both the boys disclosed their names as Bhola Ram and Kaushar Ali. Some public persons who gathered over there were requested to join the proceedings but they refused without disclosing their names and identities. This witness also stated that he took search of accused Bhola Kumar and from his right side pant pocket, one wad of fake currency notes of Rs. 1000 denomination was recovered which was tied with rubber band. The said wad was containing 100 notes of 1000 rupees denomination. He mentioned the serial numbers of all the notes in the seizure memo and later on in the rukka. The fake currency was worth Rs. One lac. The said bundle was given Mark­ A. Out of which two notes were taken as a sample. The remaining notes in the said bundle were put in a plastic jar and its lid was wrapped with the tape and also wrapped with cloth and the same was sealed with the seal of SK. The plastic jar was taken into possession and he prepared seizure memo of fake currency notes of accused Bhola Kumar as Ex. PW­5/A which bears his signature at point­ A and accused put his thumb impression at point Z. This witness further deposed that he took search of accused Kausar Ali and one wad of fake currency notes of Rs. 500 denomination was recovered from his right side pant pocket and one wad of fake currency notes of Rs. 500 denomination was recovered from his left side pant pocket. Both the wads were tied with rubber band. The said wads were containing 100 notes each of 500 rupees denomination. He SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 11/31 mentioned the serial numbers of all the notes in the seizure memo and later on in the rukka. The said bundles were given Mark­B and C. Out of both the wads, one note each was taken as a sample. The remaining notes in the said wads were put in a plastic jar and its lid was wrapped with the tape and also wrapped with cloth and the same was sealed with the seal of SK. The plastic jar was taken into possession and he prepared seizure memo of fake currency notes of accused Kausar Ali as Ex.PW­5/B. This witness also deposed that seal after use was handed over to ASI Ajmer Singh. He prepared rukka Ex. PW­5/C. He handed over the rukka to Constable Kaushal at about 07:30 PM for registration of the FIR. This witness also stated that SI Shiv Darshan reached at the spot and he briefed him about the facts of the case and recovery effected from the accused persons. He handed over all the documents with case property and custody of the accused persons to him. SI Shiv Darshan prepared site plan Ex. PW­5/D at his instance and recorded statement of ASI Ajmer under Section 161 Cr.P.C. SI Shiv Darshan interrogated the accused persons and arrested accused Bhola Kumar vide arrest memo Ex. PW­5/E and conducted his personal search vide personal search memo Ex. PW­5/F. This witness also deposed that SI Shiv Darshan arrested accused Kausar Ali vide arrest memo Ex. PW­5/G and conducted his search vide personal search memo Ex. PW­5/H. This witness also stated that accused Bhola Kumar and Kausar Ali made disclosure statements Ex. PW­5/J and Ex. PW­5/K. This witness identified 98 fake currency notes of denomination Rs. 1000 as Ex.

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P­1 (collectively) i.e. fake currency notes recovered from accused Bhola Kumar. This witness identified 198 fake currency notes as Ex. P­2 (collectively), which were recovered from accused Kausar Ali.

12.PW­6 ASI Ajmer Singh has deposed that on 13.03.2011, he was posted at SIT, Crime Branch, Sector 18, Rohini. On that day SI Sunil Kumar organized a raiding party at about 1:30 pm consisting of himself, SI Sunil Kumar, ASI Harcharan, HC Kanwar Pal, HC Jai Singh, Ct. Kaushal and Ct. Atul under the supervision of Inspector Rajesh Sharma alongwith informer. SI Sunil Kumar informed the members of raiding party that two boys namely Gandhi and Bhola resident of Moti Hari Bihar who supplied fake currency notes would come at Khyala, if raided, could be apprehended. The raiding party along with secret informer left the office in two private vehicles and reached at Kesho Pur, Subzi Mandi Khyala. There SI Sunil Kumar deployed him as decoy customer and he told him that he along with secret informer would strike a deal with Gandhi and Bhola for delivering fake currency notes at specified place and time. He along with informer reached Khyala and after fixing the time and place with Gandhi and Bhola, he returned to Kesho Pur Subzi Mandi and informed SI Sunil Kumar, a deal had been struck with Bhola and Gandhi that they would give him fake currency notes of Rs.2 lacs in denomination of Rs.500/­ and Rs.1000/­ and that he would give them genuine currency worth Rs.60/­ in lieu of Rs.100/­ and SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 13/31 they would reach near Nanak Dham Gate Khayla at about 4.30 pm. At about 4 pm, SI Sunil Kumar briefed Inspector Rajesh Kumar and also briefed other members of the raiding party. SI Sunil Kumar requested 8­10 public persons and two rickshaw puller to join the raiding party but all of them refused on their personal grounds. Raiding party along with secret informer reached Nanak Dham Gate and all the members of the raiding party were deputed within the radius of 15 meters from Nanak Dham Gate. He along with secret informer were standing near the gate of Nanak Dham. They started waiting at about 4.25 pm, two boys came from the side of Bus Stand Khyala 830 and reached near to them and started talking to them. Both of them took out the packets of currency notes from their pockets. As already instructed to him, he passed his hand on his head to give a signal to the other members of the raiding party. At about 4.30 pm, all the members of the raiding party surrounded both the boys and they were apprehended. SI Sunil Kumar introduced himself and other members of the raiding party to those boys. On inquiry, their names were revealed as Bhola Kumar and Kaushar Ali @ Gandhi. Some public gathered there and out of them, 4­5 public persons were requested to join the proceedings but they refused and went away without telling their names and addresses. SI Sunil Kumar informed both the accused persons about the secret information and that they have come to supply fake currency notes. In the meantime, both the accused persons had kept the packets of fake currency notes in their pockets. SI SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 14/31 Sunil Kumar took the formal search of the accused Bhola Kumar and recovered one packet of fake currency notes of denomination of Rs.1000/­ from the right side pocket of wearing pant of the accused. The wad of the currency note of Rs. 1000/­ was lying tied with rubber band. The IO SI Sunil Kumar counted the same, which came to 100 currency notes of Rs. 1000/­. On checking the currency notes, the same were found fake currency notes. The IO had taken out two currency notes of Rs. 1000/­ separately as per the guidelines of RBI. The remaining 98 currency notes were given Mark­A. The IO kept the 98 fake currency notes of Rs. 1000/­ into a transparent plastic container with the help of doctor tape and the same was converted into pullanda and same was sealed with the seal of SK and IO seized the same while preparing seizure memo, which is already Ex. PW­5/A, which bears his signatures at point­B. Thereafter, cursory search of other accused Kausar Ali was conducted and from the right pocket of his pant, one wad of currency notes of Rs. 500/­ and one another wad of currency notes of Rs. 500/­ from left side pocket of his pant were recovered. Both the wads were having rubber band. On counting, the wads, each wad was found containing 100 currency notes of Rs. 500/­ i.e. in total 200 currency notes of Rs. 500/­. On checking, the currency notes of Rs. 500/­, the same were found fake. The IO had taken out one fake currency note from each wad as per the guidelines of RBI. Both the wads of fake currency notes of Rs. 500/­ were kept into another plastic container after giving Mark­ B & C to the wads. The lid of SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 15/31 container was closed with the help of doctor tape. IO converted the plastic container into pullanda and sealed with the seal of SK. Seal after use was given to him by the IO. IO seized the pullanda containing fake currency notes wads Mark­ B & C through seizure memo Ex. PW­5/B. IO prepared rukka and gave the same to Ct. Kaushal at about 7:30 PM for getting the FIR registered from PS­ Crime Branch. During the proceedings, the SI Sunil Kumar have informed SIT office and made request to send some other officer for the purpose of investigation. SI Shiv Darshan came to spot in absence of Ct. Kaushal, who went to PS for getting the FIR registered. SI Sunil handed over the seizure memos, sealed pullandas and accused persons to SI Shiv Darshan. SI Shiv Darshan prepared site plan on the pointing out of SI Sunil. SI Shiv Darshan recorded his statement. SI Shiv Darshan had confirmed FIR number telephonically from PS­ Crime Branch and mentioned the same over the memos and pullandas. SI Shiv Darshan interrogated the accused persons. SI Shiv Darshan IO arrested the accused persons and conducted their personal search vide memos already Ex. PW­5/E, Ex. PW­5/F, Ex. PW­5/G and Ex. PW­5/H. In the personal search of Bhola two mobile phones, Rs. 600/­ and one silver colour chain and three silver colour rings were recovered. In the personal search of Kausar Ali one purse containing Rs. 500/­ and some papers, SBI cash card, one pan card and one mobile were recovered. IO recorded disclosure statements of the accused persons. IO recorded his supplementary statement. IO sent the personal search of the accused persons and SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 16/31 sealed pullandas to police Station Crime Branch through Ct. Suresh. After completing the proceedings, accused persons were taken to BSA Hospital, Rohini for their medical examination and thereafter, they were locked at lock­up PS­ SP Badli. He correctly identified both the accused persons, who are present in the court today. The witness identified 98 currency notes of denomination Rs. 1000/­ as Ex. P­1 (collectively) i.e. fake currency notes, which were recovered from accused Bhola Kumar. (The witness submitted that out of 100 recovered fake currency notes, two notes were to be sent to RBI as per standing order No. 219/10 and SI Sunil Kumar had already taken out two currency notes out of the 100 fake currency notes of denomination Rs. 1000/­ at the time of recovery at the spot). The witness identified 198 fake currency notes of denomination of Rs. 500/­ as Ex. P­2 (collectively), which were recovered from accused Kausar Ali. (The witness submitted that out of 200 recovered fake currency notes of denomination Rs. 500/­ i.e. two wads, one fake currency note from each wad were to be sent to RBI as per standing order No. 219/10 and SI Sunil Kumar had already taken out one currency note from each wad out of the fake currency notes of denomination Rs. 500/­ at the time of recovery at the spot). The plastic containers are Ex. P­3 and P­4, which were used by SI Sunil Kumar for keeping the fake currency notes. Witness correctly identify the case property.

13. PW­7 SI Shiv Darshan has deposed that on 13.03.2011, he was SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 17/31 posted as SI at Crime Branch, SIT. On that day, at about 6.45 PM, duty officer, Ct. Jagdev informed him that two persons with fake currency have been apprehended by SI Sunil Kumar near Nanak Dham Khyala, Delhi. Thereafter, he reached there at about 7.30 PM, where SI Sunil Kumar alongwith other police officials met him, who were holding two persons namely Bhola Kumar and Kausar Ali. The witness has correctly identified both the accused persons. This witness also deposed that SI Sunil Kumar produced both the accused persons alongwith seized case property pullanda and documents which he had prepared. On the pointing out of SI Sunil Kumar, he prepared site plan as Ex.PW­5/D. He recorded statement of ASI Ajmer. He interrogated both the accused persons separately and arrested them in the present case vide Arrest Memos Ex. PW­5/E and Ex. PW­5/G and conducted their personal search vide memos which are already exhibited Ex. PW­5/F and Ex. PW­5/H, all bear his signatures at point X. He recorded disclosure statements of both the accused persons which are already exhibited as Ex.PW­5/J and Ex.PW­5/K, both bear his signatures at point X. During disclosure statements, both the accused persons disclosed separately that they used to procure fake currency notes from Nepal to circulate in Delhi and they used to get Rs.100/­ fake Indian Currency note against the payment of Rs.60/­Indian Currency note. He sent Ct.Suresh alongwith sealed case property and personal search of accused persons to PS Crime Branch for depositing the same in malkhana through copies of seizure memos. Thereafter, both the accused SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 18/31 persons were taken to Dr. BSA Hospital for getting them medically examined. After their medical examination, accused persons were lodged in the lock up at PS Samaypur Badli. On the next day, i.e. 14.03.2011, both the accused persons were produced before the concerned court and he moved an application for taking both the accused persons on two days PC Remand. His application is Ex.PW­7/A, which bears his signatures at point A. As per the guidelines of RBI, he got deposited two each samples fake currency notes of Rs.500/­ and Rs.1,000/­ at RBI, Delhi on 17.03.2011 and letter in this regard is Ex.PW­7/B, upon which he identified the signatures of the then Addl.DCP SIT Crime Branch Dr.Joy N Tirkey at point A. During investigation, report of RBI was received wherein it was reported that the two each sample currency notes of Rs.500/­ and Rs.1,000/­ (four currency notes) were fake and not genuine Indian Currency notes. He submitted the report in court vide application Ex.PW­7/C. Report of RBI is proved as Ex. PW­7/D and Ex.PW­7/E. On 16.04.2011, MHC(M) on his instructions sent Ct.Suresh alongwith the sealed exhibits (case property) to Govt. Currency Notes Press, Nasik. The acknowledgment of the exhibit was deposited by Ct. Suresh with MHC(M) on his return on 20.04.2011 PS Crime Branch. The acknowledgment is Ex. PW­7/F. Report of Currency Notes Press bearing C.N.P.Dy.No.206/11 dt. 18.04.2011, No. 39 (Dy.No.206/11)/1061 dt.13.05.2011 is proved by this witness as Ex.PW­7/G. According to the report, the suspected notes of Rs.500/­ and Rs.1,000/­ denomination were SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 19/31 counterfeit notes. The photocopy of the Standing Order no. Ops.­44 and previous no. 219/2010 is proved as Ex.PW­7/H. His departure entry no.7 dt. 13.03.2011 is already exhibited as Ex.PW­1/B. During investigation, he recorded the statements of the witnesses and after completion of the investigation, chargesheet was prepared and filed before the court.

14. PW­8 Ct. Kaushal has deposed that on 13.03.2011, he was posted in SIT, Crime Branch, Rohini as Constable. On that day, SI Sunil prepared one raiding party consisting of himself, ASI Harcharan, ASI Ajmer, HC Kanwar Pal, Ct. Atul and HC Jai Singh. The raiding party headed by Inspector Rajesh Sharma and at about 1:30 PM, they left office of Crime Branch in two private vehicles along with secret informer and reached at Khyala at about 2:15 PM. SI Sunil deputed ASI Ajmer as decoy customer with the instruction to fix the place and time to purchase the fake Indian currency notes from the person. He also stated that thereafter, ASI Ajmer Singh came back at about 3:15 PM along with secret informer and told to SI Sunil that deal for Rs. 2 lacs fake Indian currency note has been fixed with Bhola and Gandhi in consideration of Rs. 60 Indian currency notes for Rs. 100 fake Indian currency note and they will supply the fake Indian currency notes of denomination of Rs. 500/1000, at about 4:30 PM near the gate of Nanak Dham, Khyala. SI Sunil briefed the raiding party in details in presence of Inspector Rajesh. SI Sunil made request to 8­10 passersby and two rickshaw pullers to join SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 20/31 the investigation but nobody came forward and left without giving their names and addresses. Both the private vehicles were parked near Park Hospital and the raiding party staff was deputed within a radius of 50 meters of Nanak Dham for the Nakabandhi at about 4:00 PM. The decoy customer and secret informer were given instructions to give settled signal to police party after making the deal i.e. the decoy customer shall make signal by moving his both hands on his head after seeing the fake currency. The decoy customer ASI Ajmer along with secret informer left and they started waiting for both the boys near gate of Nanak Dham. The other raiding party staff took their position. At about 4:25 PM from the side of route No. 830, Khyala bus stand side, two persons came and stopped near the decoy customer. They had some conversation with decoy customer and both of them took out packet of currency notes from their pockets and show the same to decoy customer. Thereafter, decoy customer ASI Ajmer made the settled signal. At about 4:30 PM, the raiding party over powered both the boys but by that time both of them had kept back the packets of the currency notes in their respective pockets. This witness identified both the accused persons in Court today. It is also stated by this witness that after apprehending the accused persons, SI Sunil introduced them about the raiding party and secret information. Both the accused persons were told that as per secret information, they might be in possession of fake Indian currency notes and for that purpose their search has to be conducted. Some spectators collected there and out of them 4­5 SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 21/31 persons were asked by the IO to join the proceedings but none of them came forward to join and left without giving their names and addresses. SI Sunil conducted personal search of accused Bhola Kumar and one packet of currency notes containing 100 currency notes of denomination of Rs.1000 i.e. total 1 lac recovered and on that packet there was rubber band. The 100 currency notes of Rs. 1000/­ were checked and on checking the same found to be fake Indian currency notes. The IO noted down the Serial numbers of the fake Indian Currency notes and mentioned the same into the seizure memo. Out of 100 fake Indian currency notes of Rs. 1000/­, two fake Indian currency notes of Rs. 1000/­ were taken out as sample as per guidelines of RBI. The packet containing 98 fake Indian currency note of Rs. 1000/­ was kept in a plastic jar. The lid of plastic jar was tied with the help of doctor tape and tied with the help of white cloth strip and sealed with the seal of SK and the same was given Mark­ A. The IO seized the plastic jar containing fake currency notes through seizure memo which is already Ex. PW­5/A, which bears his signatures at point­ C. Thereafter, SI Sunil Kumar took search of accused Kausar Ali and on his search one packet of currency notes of Rs. 500/­ was recovered from right pocket of his pant and another packet of Rs. 500/­ was recovered from left pocket of his pant. On checking, both the packets were found containing 100 currency notes in each packet. On checking the currency notes of Rs. 500/­ were found fake Indian currency notes i.e. total Rs. 1 lac fake Indian Currency notes. Both the SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 22/31 packets were given Mark­ B & Mark­ C. IO had taken out one fake Indian currency of denomination of Rs. 500/­ from each packet as per the guidelines of RBI. The two packets containing 99 fake currency notes in each packet of denomination of Rs. 500/­ were put under rubber band separately and kept into a plastic jar. The lid of plastic jar was tied with the help of doctor tape and tied with white cloth strip and sealed with the seal of SK. The IO noted down the Serial numbers of the fake Indian Currency notes of denomination of Rs. 500/­ and mentioned the same into the seizure memo. The seizure memo was prepared by the IO, which is already Ex. PW­5/B and bears his signatures at point­ C. Seal after use was given to ASI Ajmer. IO prepared rukka and at about 7:30 PM, IO gave him rukka for getting the FIR registered from PS­ Crime Branch. After getting the FIR registered, he went to SIT office and handed over the copy of FIR and rukka to IO SI Shiv Darshan. The witness identified 98 fake currency notes of denomination Rs. 1000/­ as Ex. P­1 (collectively) i.e. fake currency notes, which were recovered from accused Bhola Kumar. (The witness submitted that out of 100 recovered fake currency notes, two notes were to be sent to RBI as per standing order No. 219/10 and IO had already taken out two currency notes out of the 100 fake currency notes of denomination Rs. 1000/­ at the time of recovery at the spot). The witness identify 198 fake currency notes as Ex. P­2 (collectively), which were recovered from accused Kausar Ali. (The witness submitted that out of 200 recovered fake currency notes of SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 23/31 denomination Rs. 500/­ i.e. two wads, one fake currency note from each wad were to be sent to RBI as per standing order No. 219/10 and IO had already taken out one currency note from each wad out of the fake currency notes of denomination Rs. 500/­ at the time of recovery at the spot).

15. It is contended by the ld. Amicus Curiae for accused Bhola and ld. Counsel for accused Kausar Ali that the accused persons have been falsely implicated in the present case. There are contradictions in the statements of witnesses. PW­5 is not able to tell the vehicle in which he went at the spot from SIT Office, Crime Branch Sector­18, Rohini. There are material contradictions between the statements of PW­5, PW­6 & PW­8. The accused Kausar Ali is tailor by profession and he was having some enmity with ASI Ajmer Singh as he demanded money from PW­6 for stitching his clothes. It is also contended by ld. Amicus Curiae for accused Bhola Kumar and ld. Counsel for accused Kausar Ali that prosecution is not able to prove the case against both the accused persons beyond reasonable doubt. It is prayed that accused persons be acquitted.

On the other hand, ld. Addl. PP for the State contends that testimonies of PW­5, PW­6, PW­7 & PW­8 are intact and all the witnesses have supported the case of the prosecution. The contradictions in statements of PW­5, PW­6, PW­7 & PW­8 are minor and these contradictions do not go to the root of the case. It is prayed that accused persons be held guilty.

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16. Now, I am dealing the contentions of ld. Amicus Curiae for accused Bhola Kumar, ld. Counsel for accused Kausar Ali and ld. Addl. PP for the State one by one.

17. PW­5 has stated that the secret informer gave indication to conduct a raid but PW­6 has stated that he passed his hand on his head to give a signal to the other members of the raiding party. Similar statement was given by PW­8 Ct. Kaushal Singh that it was settled that decoy customer shall make signal by moving his both hands on his head after seeking the fake currency. ASI Ajmer Singh made the settled signal. ASI Ajmer Singh did not prove that he moved his both the hands after seeing fake currency notes. Thus, there is contradictions in the statements of PW­5, PW­6 & PW­8.

18. PW­5 in the cross examination had stated that the other car belongs to ASI Har Charan, while the Innova car belongs to him. PW­6 had stated that he cannot tell whether the private vehicle belonged to police officials or whether hired. PW­8 also stated that he do not know who procured the private vehicles. If one vehicle belonged to ASI Har Charan and other Innova car belonged to PW­6 ASI Ajmer Singh as deposed by PW­5 then PW­6 and PW­8 must be aware about this but none of them told this fact in their depositions.

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19. PW­5 had stated that Secret Informer was sitting with him but he further stated that he do not remember whether he sat in Innova Car or in other car i.e. Santro car, whereas PW­6 has stated that he was not in Santro car but he was in other vehicle and Secret informer was with him. Thus, as per PW­5 Secret Informer was with him but PW­5 is not able to tell whether he sat in Innova car or Santro car but PW­6 had specifically stated that he was not in Santro car and secret informer was with him. PW­8 in his cross examination had stated that he was in Santro Car and Secret Informer was also in Santro Car. Thus, there is contradictions in the statements of PW­5, PW­6 & PW­8 as in which car the secret informer sat at the time while proceeding from SIT Office, Crime Branch, Rohini Sector­ 18 to the spot. Moreover, PW­6 is not able to tell the make of the other vehicle and he stated that other vehicle might be Toyata Innova or Tavera. Thus, this witness is not sure whether the other vehicle was Toyata Innova or Tavera. Moreover, PW­5 is not able to tell whether he sat in Innova Car or Santro Car. It is not believable that a person, who is Incharge of raiding party is not aware whether he sat in the Santro Car or Innova Car. PW­5 is not able to tell whether he seated in the front or rear side of the car and even this witness is not able to tell who was driving the car. It is not probable that PW­5 is not able to tell whether he seated in the front or rear side of the car and witness is not able to tell who was driving the car. Thus, story put by the prosecution is doubtful.

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20. PW­5 had stated that they went to the spot via Madhuban Chowk Peera Garhi and Keshavpur Depot. PW­6 had stated that from SIT Office, they took the route of Sector 18 Rohini and then take diving road sector­15 & 16 and then approached towards Ring Road. PW­8 had first stated that he did not remember the route and locality taken by them to reach Nanak Dham but this witness voluntarily stated that after leaving their office Sector 18, Rohini they came to outer ring road and from there they straightly went to Nanak Dham, near Subzi Mandi. Thus, there is contradictions between PW­5, PW­6 & PW­8 regarding the route taken by them from SIT Office, Crime Branch, Rohini Sector­18, Rohini to the spot.

21. As per the case of the prosecution, ASI Ajmer Singh and Secret Informer after reaching at Keshavpur Subji Mandi, Khyala, they went to meet both the accused persons and they came back at about 3:15 PM. It has also deposed by PW­8 and PW­5 that both ASI Ajmer Singh and Secret Informer came after one hour i.e. at about 3:15 PM, whereas, PW­6 has stated in the cross examination that he met the accused persons along with secret informer pretending the customers at about 2:30/2:45 PM and deal was finalized within 10 minutes. This witness is not able to explain that how so much was taken when the deal was finalized within 10 minutes and why he did not came near Nanak Dham Gate immediately. Admittedly, PW­6 was not having any amount to purchase the counterfeit notes nor it is the case of the SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 27/31 prosecution that any of the witness were having enough money to purchase counterfeit notes from the accused persons.

22. PW­5 had stated that they had parked the vehicles near Park Hospital but PW­6 ASI Ajmer Singh had stated that vehicles were parked near Nanak Dham Gate. PW­5 had stated that he did not notice if the gate of Nanak Dham Gate was lying opened or not. PW­6 had also stated that the Nanak Dham Gate was closed at that time. This witness is also not able to tell the width and height of Nanak Dham Gate. Similarly, PW­8 stated that he did not remember whether the said entrance gate was lying opened or closed at that time. I am of the view if PW­5, PW­6 & PW­8 were present then they must be aware whether the gate of Nanak Dham was lying opened or closed, as it is the case of the prosecution that they were present at Nanak Dham Gate and accused persons came from the side of bus stand, Khyala 830 and if the witnesses were present near Nanak Dham Gate then they should tell in the court whether Nanak Dham Gate was closed or opened.

It is stated by PW­5 that he did not notice whether there was any Chowkidar on the gate of Nanak Dham or not. It is not probable as all the prosecution witnesses PW­5, PW­6 & PW­8 and other police officials reached at the spot at 2:30 PM and remained at the spot till 7:30 PM. It is not believable that IO of the case was not aware whether there was any Chowkiar on the gate of Nanak Dham or not.

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23. PW­5 had stated that accused persons had conversation with ASI Ajmer Singh and Secret Informer about 4/5 minutes but PW­6 did not tell that he had conversation for 4/5 minutes and he stated that both the accused persons shown the bundles and he immediately gave signal.

24. No independent witness was joined by the raiding party. It has come in the cross examination of PW­5 that he did not go to Park hospital, Kesho Pur Subzi Mandi, DTC Bus depot and residential area and requested the public persons to join the investigation. PW­6 had stated that some public person gathered there and out of them, 4­5 public persons were requested to join the proceedings but they refused. PW­8 when came in the witness box had stated that SI Sunil made request to 8­10 passersby and two rickshaw pullers to join the investigation but nobody came forward and left without giving their names and addresses. It is true that no action was initiated against the public persons who refused to participate in the investigation by the IO. The recovery was effected at 4:30 PM at a public place and it is admitted by PWs that spot is situated near park hospital, DTC bus stop, Keshopur Subzi Mandi and residential area but no public witness was joined during the recovery and arrest of the accused persons. It is admitted by PW­5 that he did not request to any public person to become witness, while they were on the way to Nanak Dham from SIT, Crime Branch, Sector­18. He did not take any SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 29/31 legal action against the public persons who did not join investigation despite request. I am of the view that non examination of public witness is fatal to the case of the prosecution when the alleged recovery was affected at 4:30 PM.

25. PW­7 during his cross examination stated that he did the writing work while sitting in his car I­10 but PW­6 has stated that the writing work was done in the vehicle other than Santro. PW­7 has parked his vehicle near Nanak Dham Gate and writing work was not done in Innova car. All the witness are not able to tell the clothes worn by secret informer.

26. In view of the above discussion, I am of the considered view that in view of the major contradictions between PW­5, PW­6 and PW­8, it cannot be believed that counterfeit notes were recovered from the accused persons. The prosecution is not able to prove its case against both the accused beyond reasonable doubt. Accordingly, both the accused persons namely Bhola Kumar and Kausar Ali are hereby acquitted for the offence punishable u/s. 489B/489CIPC. Both the accused persons are on bail. They are directed to furnish bail bonds and surety bonds for a sum of Rs. 20,000/­ each with one surety each in the like amount in view of Provision of Section 437­A Cr.P.C within 10 days from today. The fake currency notes be destroyed as per procedure after expiry of limitation period to file appeal by the prosecution.

File be consigned to record room, after necessary SC No. 43/14 & Old No. 54/11 State Vs. Bhola Kumar Etc. Page No. 30/31 compliance.

ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON:16.02.2015. ASJ­05 (West), THC, Delhi.

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