Delhi District Court
State vs Firoz Sheikh And Ors on 7 October, 2024
1
IN THE COURT OF DR. HARDEEP KAUR
ASJ-02: NEW DELHI DISTRICT:
PATIALA HOUSE COURTS, DELHI
Date of Judgment: 07.10.2024
FIR No. 292/2021
PS: Special Cell
U/s: 489B/489C IPC
SC No. 75/2022
Unique case ID NO.DLND01-001480-2022
COMPLAINANT State
REPRESENTED BY State
ACCUSED 1. Firoz Sheikh,
S/o Taiyyab Sheikh
R/o Village Gotha, P.S Suti
District Murshidabad
West Bengal.
2. Muffazul Sheikh
S/o Late Mansoor Sheikh
R/o Vill. Laxmipur, P.S Suti
District Murshidabad
West Bengal.
REPRESENTED BY Sh. M. S. Khan and Sh. Aamir
Chaudhary, Ld. counsels for
accused Firoz Sheikh and
Muffazul Sheikh
Date of Offence 22.12.2021
Date of FIR 22.12.2021
Date of Charge-sheet 20.02.2022
Date of Framing of Charges 24.03.2022
Date of commencement of evidence 12.05.2022
Date on which arguments 30.09.2024
concluded/judgment is reserved
State vs. Firoz Sheikh & Anr.
FIR No. 292/2021
PS: Special Cell Page no. 1 of 29
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Date of the Judgment 07.10.2024
Final Order Convicted
DETAILS OF ACCUSED :-
Rank of Name of Date of Date of Offences Whether Sentence Period of
Accused Accused Arrest Release charged with Acquitted or imposed Detention
on Bail convicted Undergone
during Trial
for purpose
of section
428, Cr.P.C.
Firoz 22.12.2021 -- 489B & 489C Convicted -- --
Sheikh IPC
Muffazul 22.12.2021 -- 489B & 489C Convicted -- --
Sheikh IPC
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
A. PROSECUTION
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS, EXPERT
WITNESS, MEDICAL WITNESS, PANCH WITNESS.
OTHER WITNESS)
HC Amit Kumar Member of the raiding team. (PW1)
ASI Ram Kishore Duty Officer (PW2)
SI Harish Second IO of the case. (PW3)
Kumar
State vs. Firoz Sheikh & Anr.
FIR No. 292/2021
PS: Special Cell Page no. 2 of 29
3
SI Arvind Incharge, General Store maintaining seal handing over and
Kumar deposit register. (PW4)
HC Harvinder Member of raiding team and investigation with second IO.
(PW5)
Ct. Sachin Collected case property from Currency Note Press, Nasik.
Tomar (PW6)
Manager Ajay Kumar Expert from Currency Note Press, Nasik. (PW7)
ASI Satendra MHC(M). (PW8)
Malik
ASI Suresh Deposited case property at Currency Note Press, Nasik.
(PW9)
Inspector Aditya Malik First IO of the case. (PW10)
B. DEFENCE WITNESS, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS.
OTHER WITNESS)
NIL
C. COURT WITNESSES, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS.
OTHER WITNESS)
NIL
State vs. Firoz Sheikh & Anr.
FIR No. 292/2021
PS: Special Cell Page no. 3 of 29
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LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. PROSECUTION :-
Sr. No. Exhibit Number Description
1 Ex. PW1/A Seizure Memo
2. Ex. PW1/B Seizure Memo
3. Ex. PW1/C Seal Handing Over Memo
4. Ex. PW1/D Arrest Memo of accused Firoz Sheikh
5. Ex. PW1/E Arrest Memo of accused Muffazul
Sheikh
6. Ex. PW1/F Personal Search Memo of accused Firoz
Sheikh
7. Ex.PW1/G Personal Search Memo of accused
Muffazul Sheikh
8. Ex.PW1/H Disclosure Statement of accused Firoz
Sheikh.
9. Ex.PW1/I Disclosure Statement of accused
Muffazul Sheikh.
10. Ex.PW1/J Seizure Memo of bag
11. Ex.PW1/K Supplementary Disclosure Statement of
accused Muffazul Sheikh.
12. Ex.PW1/L Supplementary Disclosure Statement of
accused Firoz Sheikh.
13. Ex.PW1/P1 250 FICNs with white polythene.
14. Ex.PW1/P2 150 FICNs with white polythene.
15. Ex.PW1/P3 Bag recovered from accused Firoz
Sheikh.
16. Ex.PW2/A Computerised Printout of FIR.
17. Ex.PW2/B Endorsement over the rukka.
State vs. Firoz Sheikh & Anr.
FIR No. 292/2021
PS: Special Cell Page no. 4 of 29
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18. Ex.PW2/C Certificate u/s 65B Indian Evidence Act.
19. Ex.PW2/D Copy of Qaimi DD no. 5A.
20. Ex.PW3/A Site plan
21. Ex.PW4/A Copy of relevant entries in seal handing
over and deposit register.
22. Ex.PW7/A Report of Currency Note Press, Nasik.
23. Ex.PW8/A to Ex. Relevant entries in Register no. 19 and
PW8/C 21.
24. Ex.PW10/A Copy of DD no. 77A.
25. Ex.PW10/A1 Copy of DD no. 81A
26. Ex.PW10/B Rukka
B. DEFENCE: NIL
Sr. No. Exhibit Number Description
NIL NIL
C. COURT EXHIBITS :- NIL
Sr. No. Exhibit Number Description
Nil Nil
D. MATERIAL OBJECTS :- NIL
Sr. No. Material Object Description
Number
Nil Nil
State vs. Firoz Sheikh & Anr.
FIR No. 292/2021
PS: Special Cell Page no. 5 of 29
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JUDGMENT
1. Accused Firoz Sheikh and Muffazul Sheikh have been sent up to face trial in this Court for commission of offences punishable under sections 489B/489C IPC as to the trafficking/use/possession of Fake Indian Currency Notes (hereinafter referred to as "FICN").
2. Briefly, facts of the prosecution case are that on 22.12.2021, at about 6.30 p.m, HC Amit produced one secret informer before SI Aditya Malik and informed that Firoz Sheikh who deals in circulation of Fake Indian Currency Notes (FICNs) will come at Kalkaji Park, near Govindpuri Metro Station to hand over the consignment of FICNs to his associate and if raided, they can be apprehended alongwith FICNs. SI Aditya Malik shared the secret information with his senior officer, reduced this secret information into writing vide DD no. 77A and as per their instructions, SI Aditya Malik organized a raiding party comprising of SI Balraj, HC Amit, Constable Harvinder, Constable Shishukant and Constable Sachin alongwith the secret informer. The raiding team was briefed about the secret information. SI Aditya Malik also took IO kit, seal SPL CELL SR 3, laptop, printer etc and at about 7.30 p.m, he alongwith raiding team and secret informer left the office vide DD No. 81A and on their way, at Chirag Delhi flyover, SI Aditya Malik requested 5-6 passersby to join the raiding team but they did not agree; at about 08.30 p.m, they reached the spot where also SI Aditya Malik requested 3-4 public persons to join the proceedings but none State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 6 of 29 7 agreed and left the spot. Members of raiding team took their respective positions at the place of information as per the briefing.
3. At about 09.15 PM, one person carrying one purple bag came from the side of Kalkaji flyover and started waiting for someone at the bus stop of Kalkaji Park. Secret informer identified said person as Firoz Sheikh and left the spot. After about 10 minutes, another person came at the spot, they both started talking to each other and after sometime, accused Firoz Sheikh handed over one white polythene to the second person which he kept in the inner pocket of his jacket after checking the same. When they started walking, they both were apprehended by the raiding team and on enquiry, they both disclosed their names as Firoz Sheikh and Muffazul Sheikh.
4. On taking search of accused Firoz Sheikh, one white polythene carrying 250 FICNs in the denomination of Rs.2,000/- each was recovered. One white polythene containing 150 FICNs in the denomination of Rs.2,000/- each was recovered from accused Muffazul Sheikh which he had kept in the right pocket of his wearing jacket. On interrogation, they disclosed that they had to further circulate the recovered FICNs. The FICNs recovered from both the accused persons were seized after keeping the same in separate sealed pulandas. Seal after use was handed over to HC Amit. SI Aditya Malik filled up the forwarding form of Currency Note Press, Nasik.
FIR No. 292/2021PS: Special Cell Page no. 7 of 29 8
5. After the registration of the case, investigation was entrusted to SI Harish Kumar. SI Aditya Malik handed over all the documents, two sealed parcels and also the custody of both the accused persons to SI Harish Kumar. SI Harish Kumar prepared site plan at the instance of SI Aditya Malik. SI Harish Kumar arrested both the accused persons, their personal search was conducted. They both were interrogated and recorded their disclosure statements. During investigation, result was obtained from Currency Note Press, Nasik, as per which all the recovered 400 notes were opined to counterfeit currency notes. During investigation, efforts were made to trace out the source of FICNs but they could not be located. After completion of investigation, charge- sheet was filed qua accused Firoz Sheikh and Muffazul Sheikh.
6. Vide order dated 24.03.2022, charges were framed against accused Firoz Sheikh and Muffazul Sheikh for commission of offence punishable u/s 489B and 489C IPC to which they pleaded not guilty and claimed trial.
7. In order to prove its case, the prosecution has examined as many as ten (10) witnesses:-
PW-1 HC Amit Kumar was member of the raiding team. He deposed that on 21.12.2021, at about 6.00 p.m, one secret informer came to his office and informed that person named Firoz Sheikh, who is dealing in fake currency, will come at bus stand of State vs. Firoz Sheikh & Anr.FIR No. 292/2021
PS: Special Cell Page no. 8 of 29 9 Kalkaji Temple near Govind Puri metro station at about 9.00 p.m and he can be apprehended if raided. He accordingly introduced the secret informer to SI Aditya at about 6.30 p.m and shared the information with him. SI Aditya discussed the information with his senior officers, made DD entry in this regard and constituted a raiding team comprising of himself, PW1 HC Amit, SI Balraj, Constable Harvinder, Constable Sachin and Constable Shishukant. SI Aditya briefed the raiding team members; took his IO kit, seal SPL CELL SR 3, laptop alongwith printer and thereafter left the spot alongwith members of the raiding team and secret informer. PW1 has further deposed that on their way to Govindpuri Metro Station, at Chirag Delhi intersection, SI Aditya requested few passersbys to join the investigation but they all refused and left without disclosing their names and addresses. PW1 has further deposed that they reached the spot i.e. bus stand near Kalkaji Mandir near Govindpuri Metro Station at about 8.30 p.m where also SI Aditya requested public persons to join the investigation but they all refused. Thereafter, they all took their respective positions at the spot.
PW1 further deposed that at about 9.15 PM, secret informer pointed towards a person wearing blue State vs. Firoz Sheikh & Anr.FIR No. 292/2021
PS: Special Cell Page no. 9 of 29 10 jacket and black pant and coming towards bus stand from Kalkaji Mandir side and informed them that his name is Firoz Sheikh and thereafter, secret informer left the spot and they kept a watch on accused who was carrying a purple bag in his hand and was standing at the bus stop; after about 10 minutes, one another person came there from the side of Govindpuri Metro Station; after having conversation, accused Firoz Sheikh handed over one white polythene to that person who after checking the same, kept the white polythene in inner pocket of his jacket and when they were about to leave the spot, they both were apprehended by the raiding team. On checking the bag of accused Firoz Sheikh, one white colour polythene was recovered which was found to be containing 250 FICNs in the denomination of Rs.2,000/- each. The other person disclosed his name as Muffazul Sheikh and on his search, one white colour polythene was recovered from the pocket of his jacket which was found to be containing 150 FICNs in the denomination of Rs.2,000/- each. He further deposed that SI Aditya kept all the recovered FICNs alongwith polythene from the possession of accused Firoz Sheikh and Muffazul Sheikh in separate transparent plastic boxes, sealed the same and seized the same vide seizure State vs. Firoz Sheikh & Anr.FIR No. 292/2021
PS: Special Cell Page no. 10 of 29 1 11 memos Ex. PW 1/A and Ex. PW 1/B. SI Aditya Malik filled up form, seal after use was handed over to him vide memo Ex. PW1/C and as per the instructions of SI Aditya Malik to inform senior officers regarding apprehension of accused persons, PW1 personally reached the office of Special Cell and thereafter, further investigation was assigned to SI Harish Kumar. PW1 brought SI Harish Kumar to the spot at about 1.30 a.m. SI Aditya Malik handed over the custody of accused persons, seizure memos and recovered case property to SI Harish Kumar and at about 1.35 a.m, SI Aditya sent Constable Harvinder to P.S Special Cell who got the FIR registered; came back at the spot and handed over the copy of FIR and original rukka to SI Harish Kumar.
PW1 has further deposed that SI Harish Kumar arrested accused Firoz Sheikh and Muffazul Sheikh vide arrest memos Ex. PW 1/D and Ex. PW 1/E, conducted their personal search vide memo Ex. PW 1/F and Ex. PW1/G; recorded their disclosure statements Ex. PW 1/H and Ex. PW1/I. PW1 has further deposed that IO SI Harish also seized bag of accused Firoz Sheikh vide memo Ex. PW 1/J and IO deposited the seizure memos and the case property alongwith form in malkhana. PW1 has proved the State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 11 of 29 1 12 disclosure statement of accused Muffazul Sheikh and supplementary disclosure statement of accused Firoz Sheikh as Ex. PW 1/K and Ex. PW1/L. He correctly identified both accused persons as well as the case property as Ex. PW 1/P1 to Ex. PW1/P3.
PW-2 ASI Ram Kishore was the Duty Officer. He deposed that Constable Harvinder brought Rukka, on the basis of which he registered the FIR Ex. PW 2/A. He made endorsement Ex. PW 2/B on the rukka and issued certificate u/s 65B of Indian Evidence Act Ex. PW2/C. He has also proved the Qaimi DD No. 5A as Ex. PW2/D. PW-3 SI Harish Kumar was second IO of the case. He deposed that after registration of the present FIR, the further investigation of the case was entrusted to him and he accordingly reached the spot at about 1.30 a.m on the intervening night of 21/22.12.2021 where he met SI Aditya, SI Balraj, Constable Sachin, Constable Shishupal and Constable Harvinder and SI Aditya handed over to him two sealed parcels, FSL form, seizure memos and also the custody of accused Firoz Sheikh and Muffazul Sheikh. He prepared the site plan Ex. PW 3/A at the instance of SI Aditya. He interrogated both the accused persons and arrested them vide arrest memos Ex. PW 1/D and Ex. PW1/F State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 12 of 29 1 13 and also conducted their personal search vide memos Ex. PW1/F and Ex. PW1/G. PW3 has further deposed that SI Aditya also handed over one bag recovered from accused Firoz Sheikh which he seized vide memo Ex. PW1/H. PW3 interrogated both accused persons and recorded their disclosure statements Ex. PW1/I and Ex. PW1/J. He has proved the supplementary disclosure statements of accused Muffazul Sheikh and Firoz Sheikh Ex. PW1/K and Ex. PW1/L. He further deposed that during investigation, he sent the exhibits to Currency Note Press, Nasik, procured the result and after completion of investigation filed the charge- sheet. PW3 correctly identified the accused persons. PW-4 SI Arvind Kumar was Incharge, General Store in Special Cell/SR, New Delhi. He has proved the relevant entries dated 21.12.2021 and 22.12.2021 in the register regarding seal handing over to SI Aditya and seal deposit by HC Amit Kumar as Ex. PW 4/A. PW-5 Constable Harvinder was member of the raiding team. He has corroborated the testimony of PW1 HC Amit Kumar, PW3 SI Harish and PW10 SI Aditya. He has also correctly identified the accused persons as well as the case property.
PW-6 is Constable Sachin Tomar. He deposed that on 17.01.2022, as per the instructions of IO, he alongwith State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 13 of 29 1 14 Constable Mohit Tomar went to Currency Note Press, Nasik for collecting the exhibits alongwith report. On 19.01.2022, they collected two sealed parcels duly sealed with the seal of Currency Note Press and also the report and reached Delhi on 20.01.2022 where he handed over the report to the IO SI Harish Kumar and deposited the sealed parcels in malkhana. He deposed that so long the case property remained in his custody, the same was not tampered with in any manner. PW-7 Ajay Kumar was Manager, Currency Note Press Nasik. He examined 400 FICNs and they were opined to be counterfeited notes. He has proved his report in this regard as Ex. PW7/A. PW-8 ASI Satendra Malik was MHC(M). He has proved the relevant entries qua the present case in Register No. 19 and 21 as Ex. PW8/A to Ex. PW8/C. PW-9 is ASI Suresh. He deposed that on 28.12.2021, as per the instructions of IO, he alongwith HC Manoj collected case property in sealed condition from MHC(M) vide RC no.432/21/21 and deposited the same in Currency Note Press, Nasik on 29.12.2021. He further deposed that after depositing the case property, they returned back to Delhi and handed over the acknowledgment to MHC(M).
PW-10 Insp. Aditya Malik was first IO of the case. He State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 14 of 29 1 15 has deposed on the lines of investigation. He has proved the copy of DD No. 77A Ex. PW10/A, copy of DD No. 81A Ex. PW 10/A and rukka Ex. PW 10/B. He also correctly identified both accused persons as well as the case property. After registration of the present FIR, further investigation was entrusted to SI Harish Kumar (PW3). PW10 has corroborated the testimony of PW1 HC Amit, PW3 SI Harish Kumar and PW5 Constable Harvinder.
STATEMENT OF ACCUSED PERSONS
8. After conclusion of Prosecution Evidence, statement of accused persons Firoz Sheikh and Muffazul Sheikh were recorded u/s 313 CrPC wherein they have denied the entire prosecution case stating that they have been falsely implicated in the present case. Accused Firoz Sheikh and Muffazul Sheikh further stated that they were lifted from West Bengal a day prior to registration of present FIR and were shown to be arrested in Delhi by planting FICNs upon them. They stated that nothing was recovered from their possession.
ARGUMENTS ON BEHALF OF PROSECUTION
9. It is submitted by Ld. Addl. PP for the State that as per the allegations, accused Firoz Sheikh was to supply FICNs to co-accused Muffazul Sheikh and as per the commitments, on 21.12.2021, they both reached at the spot i.e. Anandmaye Marg, near Gobind Puri Metro State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 15 of 29 1 16 Station, Kalkaji Mandir bus stand, Delhi where accused Firoz Sheikh supplied FICNs to co-accused Muffazul Sheikh. At that time, the raiding team apprehended both the accused persons red handed from the spot itself; on their search, FICNs worth Rs.5,00,000/-, i.e. 250 notes in the denomination of Rs.2,000/- each, were recovered from accused Firoz Sheikh and recovery of FICNs worth Rs.3,00,000/-, i.e. 150 notes in the denomination of Rs.2,000/- each, was effected from the possession of accused Muffazul Sheikh. It is submitted that huge cache of FICNs worth Rs.8 lacs has been recovered from the possession of both the accused persons, therefore, plea of accused persons regarding their false implication is not tenable.
10. It is further submitted that both the accused persons have been charged for commission of offence punishable u/s 489B and 489C IPC and in all, prosecution has examined total ten witnesses to prove its case against the accused persons. Out of the ten witnesses, PW-10 Inspector Aditya Malik was the initial IO who on the basis of secret information, apprehended both accused persons from whose possession FICNs worth Rs.8 lacs were recovered and thereafter, further investigation was entrusted to PW-3 SI Harish Kumar. From the statement of PW-10, it is clearly established that complete circulation of FICNs took place between the accused persons. PW-1 HC Amit Kumar was informed by the secret informer and he then introduced the informer to PW-10 Inspector Aditya Malik and PW-10 after getting permission from the senior officers, carried out the investigation. PW-1 State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 16 of 29 1 17 has corroborated the version of first IO/PW-10 Insp. Aditya Malik. PW-3 SI Harish was second IO of the case who was handed over the case property, custody of both accused persons alongwith documents by PW-10.
11. It is further submitted by Ld. Addl. PP that PW-4 SI Arvind Kumar has proved the relevant entries regarding issuance and deposition of seal SPL CELL SR 3; PW-5 HC Harvinder was member of the raiding team and has fully supported the version of PW-1 HC Amit and PW10 Inspector Aditya Malik in all material particulars; PW- 6 Constable Sachin Tomar has brought the case property alongwith report from Currency Note Press, Nasik; PW-7 Ajay Kumar is the expert who after examining the currency notes opined the same to be counterfeited notes; PW-8 was the MHC(M) who proved the relevant entries in Register No. 19 and 21; PW-9 deposited the FICNs in Currency Note Press, Nasik.
12. It is further submitted by Ld. Addl. PP that all the witnesses examined remained intact having absolutely no major contradictions and have fully supported the case of the prosecution; they correctly identified both accused persons and also the case property.
13. It is further submitted by Ld. Addl. PP that secret information was only about accused Firoz Sheikh and it is by chance that another person i.e. accused Muffazul Sheikh came at the spot to collect the State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 17 of 29 1 18 FICNs. It is further contended that both accused persons are from different villages of District Murshidabad.
ARGUMENTS ON BEHALF OF ACCUSED PERSONS
14. It is submitted by Ld. Counsel for both accused persons that accused persons have been falsely implicated in the present case as nothing incriminating has come on record to prove that they both were indulged in circulation of FICNs. Recovery of FICNs worth Rs.8 lacs has been planted upon them. It is further submitted that both accused persons are from Murshidabad, West Bengal and had come together to Delhi as has been deposed by PW3 SI Harish Kumar in his cross- examination. It is contended by Ld. Counsel for accused persons that if both are of the same vicinity then there is no need to come to Delhi just to exchange FICNs.
15. It is further submitted by Ld. Counsel for accused persons that investigating agency has failed to trace out the source of FICNs as well as its destination. It is further submitted that there is no connectivity between both the accused persons and no mobile phone has been recovered from the accused persons. It is further submitted that if on bare perusal, currency note seems to be fake, as are the facts of the present case then there is no case at all against the accused persons.
16. This Court has heard and considered the submissions made by State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 18 of 29 1 19 Sh. Irfan Ahmed, Ld. Addl. PP for State and Sh. M. S. Khan, Ld. Counsel for accused persons and also carefully gone through the material available on record.
Points of Determination :-
17. In order to bring home the charges for the commission of offence punishable u/s 489B IPC, the prosecution is required to prove the following ingredients :-
(A) the currency-notes or bank-notes in question were forged or counterfeited;
(B) the accused sold to, or bought, or received, from, some person, or trafficked in, or used, as genuine, such notes; and (C) when in doing so, they knew or had reason to believe that such notes were forged and counterfeit.
(A) The currency-notes or bank-notes in question were forged or counterfeited:
18. In the case at hand, Sh. Ajay Kumar (PW7), Manager, Currency Note Press, Nasik, Maharashtra has proved the report Ex.PW7/A. He has conclusively opined that all 400 suspected notes were examined in detail by comparing with genuine specimen note of respective variety with the help of modern scientific instruments and they are found to be 'counterfeited'. Nothing material could be elicited from the cross-examination State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 19 of 29 1 20 of Sh. Ajay Kumar (PW7). Therefore, this Court has no hesitation in observing that prosecution has successfully proved the first ingredient.
Let us now deal with second ingredient.
(B) Accused sold to, or bought, or received, from, some person, or trafficked in, or used, as genuine, such notes;
19.In the case at hand, HC Amit Kumar (PW1) and Insp. Aditya Malik (PW10) have categorically testified that at about 9.15 p.m, secret informer pointed towards a man wearing blue jacket and black pant who was coming towards the bus stand from Kalkaji Mandir side. That person was identified by secret informer to be Firoz Sheikh. He was carrying a purple colour bag in his hand. After about 10-15 minutes, another person came from the side of Govind Puri metro station; they both had conversation for some time; accused Firoz Sheikh handed over one white colour polythene to another person who after checking the same kept the same in the inner pocket of his jacket; at that point of time, raiding team members apprehended both of them. They both were interrogated and they both disclosed their names as Firoz Sheikh and Muffazul Sheikh. SI Aditya Malik (PW10) took search of the accused persons. On taking search of the bag of accused Firoz Sheikh, one white colour polythene was recovered which on checking was found State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 20 of 29 2 21 containing 250 FICNs in the denomination of Rs.2,000/-each (totalling Rs.5 lacs) and on taking search of accused Muffazul Sheikh, white envelope was recovered from the pocket of his jacket and on checking, it was found containing 150 FICNs in the denomination of Rs. 2,000/- each (totalling Rs.3 lacs). SI Aditya Malik (PW10) got the FIR registered and after registration of the FIR, further investigation was carried out by SI Harish Kumar (PW3) and he prepared site plan, arrested both the accused persons, interrogated them and recorded their disclosure statements. The above three witnesses not only withstood the test of cross-examination but they were further corroborated, in all material aspects, by the testimony of HC Harvinder (PW5). The testimony of above witnesses inspires confidence as defence has failed to point out any material irregularity, discrepancy, omissions or any contradiction in their testimonies.
20. Both accused persons were found in possession of huge amount of FICNs and they have miserably failed to explain the possession of FICNs. It is presumed that they are in conscious possession of FICNs. At this stage, it is apt to refer Rayab Jusab Sama Vs. State of Gujarat 1989 Crl. L J 942 and Shabbir Sheikh v. State of Madhya Pradesh Crl. Appeal no. 162/2015, 452/2015 and 453/2015 decided on 10.05.2018 wherein it was constantly held that possession of large number of FICNs cannot be State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 21 of 29 2 22 regarded as a mere case of dormant possession of large number of fake currency notes, but it is a case of active transportation of the currency notes. Similarly, the Division Bench of Kolkata High Court in the case of Sunil Pramanik @ Sonu v. State of West Bengal in CRA 562 of 2018, decided on 22.11.2019, held as under:
"...11. Section 489B uses the phrase "or otherwise traffics in or uses as genuine". This phrase assumes importance in the context of the fact that the term "traffics" is not defined for the purpose of Section 489B or for the IPC generally. The phrase "or otherwise traffics in or uses as genuine" is added on to a string of phrases which results in the sentence that delineates the ingredients of the offence as defined in Section 489B; the punishment for which is prescribed in that section. The activities which would amount to an offence punishable under Section 489B of the IPC are firstly, selling, buying or receiving. The provision to this effect in the section is "whoever sells to, or buys or receives from, any other person". Therefore, the involvement of at least two persons is necessary for performing the activity of selling, buying or receiving which would amount to an offence for the purpose of Section 489B. If that be so, an important issue for consideration would be as to whether any activity which falls into the concept "or otherwise traffics in or uses as genuine" could be anything State vs. Firoz Sheikh & Anr.FIR No. 292/2021
PS: Special Cell Page no. 22 of 29 2 23 that could be treated differently from selling, buying or receiving or whether the term "traffics"
has to be read ejusdem generis with "sells", "buys" or "receives". It was argued on behalf of the appellant on the basis of the decision of the Apex Court in Parakh Foods Limited v. State of Andhra Pradesh (2008) 4 SCC 584 that the term "traffics" has to be read ejusdem generis with the phrases "sells to", "buys" and "receives from any other person" and that the junction of another person is necessary to accomplish such acts. It is here that use of the word "otherwise" gains critical importance. The word "otherwise" is used to indicate the opposite of, or contrast to, something already stated when used as part of a phrase as "or otherwise". Even when the word "otherwise" is used not as part of a phrase as "or otherwise", but as an adverb or an adjective, such usages are also resorted to, to draw a contrast or distinction. The word "traffics" as well as the word "trafficking" and "trafficked" are used to describe the action of dealing or trading in something illegal. The activity or activities which would amount to "sells to", "buys" or "receives from" any other person, may require the participation of two persons to complete any such transaction. However, any activity which would fall within the phrase "otherwise traffics in" does not indispensably require active participation of more than one person if noticeably sizable quantity of State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 23 of 29 2 24 FICN is found to be in the possession of that person and such concealed possession cannot be treated as dormant possession. It is active transportation which amounts to trafficking. Any other mode of interpreting the phrase "or otherwise traffics" would dilute the rigour of law. A strict and literal interpretation of the penal provision contained in Section 489B of the IPC does not lead us to any other conclusion. Thus, the phrase "or otherwise traffics" in Section 489B of the IPC would take within its sweep, the action of dealing or trading in forged counterfeit currency note or bank note even otherwise than by selling, buying (purchase) or receiving. Therefore, the word "traffics" and the phrase "or otherwise traffics in" in Section 489B of the IPC are not to be read ejusdem generis with the words "sells", "buys" or "receives"; but ought to be read to understand that activities other than selling, buying or receiving would also fall into the basket of the incriminating factors which constitute the ingredients of the acts and omissions which is an offence as per that Section."
21.Thus, the Court has no hesitation to hold that accused Firoz Sheikh and Muffazul Sheikh reached at the spot where accused Firoz Sheikh handed over one white colour polythene containing 250 FICNs in the denomination of Rs.2,000/- each to accused Muffazul Sheikh for onward delivery to their Delhi State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 24 of 29 2 25 based counterpart Raju in Delhi through accused Muffazul Sheikh. Recovery of FICNs worth Rs.8 lacs was effected from the possession of both accused persons which shows the intention of the accused persons in possessing the FICNs only for the purpose of trafficking or circulating the same. This is not the case where accused persons were possessing FICNs accidentally without having knowledge of the same to be fake, therefore, the mensrea is very much established in the present case from the facts and circumstances. In order to prove the recovery and arrest of accused persons, testimony of PW1 HC Amit Kumar, PW3 SI Harish Kumar, PW5 HC Harvinder and PW10 Inspector Aditya Malik have been recorded who have duly proved the case of the prosecution and also correctly identified both accused persons and also the case property i.e. FICNs. Therefore, the testimony of these witnesses remained unchallenged. Considering the intrinsic worth of their testimony, this Court is convinced that prosecution has also successfully proved the second ingredient of the offence.
Let us now deal with third ingredient.
(C) when in doing so, they knew or had reason to believe that such notes were forged and counterfeited.
22.In the case at hand, 400 FICNs in the denomination of Rs.2,000/- each have been recovered from the possession of State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 25 of 29 2 26 both accused persons. They have failed to offer any explanation, leave aside a reasonable one, as to how the accused persons came in the possession of such a huge cache of FICNs.
23.In the absence of any explanation, the only irresistible inference that can be drawn is that the accused persons were fully conscious of nature of currency notes and have every reason to believe that the currency notes were counterfeited.
24.Let us now deal with the contentions of Ld. Counsel for accused persons.
25.During the course of arguments, Ld. Defence Counsel has mainly stressed upon the fact that no efforts were made to trace the source of FICNs as well as its destination. It has been specifically mentioned in the charge-sheet and it has also come in the cross-examination of Inspector Aditya Malik (PW10) that efforts were made to trace the source of FICNs Salam Khan and Hussain and its receiver Raju but due to non-availability of their complete addresses, they could not be traced and if they could be apprehended, supplementary charge-sheet shall be filed accordingly against them.
26.It has also been contended by Ld. Counsel for both accused persons that accused Firoz Sheikh and Muffazul Sheikh belongs State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 26 of 29 2 27 to West Bengal and had come together to Delhi from West Bengal and this fact has been deposed by SI Harish (PW3) in his cross-examination, when he was recalled vide application u/s 311 CrPC. This Court is of the view that firstly this is not the case of prosecution that both accused persons came together to Delhi from West Bengal and secondly, this fact that they came together to Delhi does not affect the merits of the present case as they both were caught red handed from the spot and from the spot itself, huge recovery of FICNs was effected from their possession.
27.It is submitted by Ld defence counsel that accused persons have been falsely implicated in the present case. Considering the unbreached testimonies of the witnesses available on record coupled with huge recovery of FICNs from the accused persons, plea regarding their false implication is without any basis.
28.It is further submitted by Ld. Counsel for accused persons that since mobile phones were not recovered from the possession of accused persons, no cogent evidence could be placed on record regarding connectivity of the accused persons. This Court is of the opinion that it is not necessary that accused persons can contact with each other only through mobile phones. Both accused persons have been caught red handed at the spot and from the spot itself, huge recovery of FICNs has been effected State vs. Firoz Sheikh & Anr.
FIR No. 292/2021PS: Special Cell Page no. 27 of 29 2 28 from their possession. Therefore, the mere fact that mobile phones were not recovered from the accused persons does not affect the case of the prosecution.
29.In view of the above discussions, this Court is of the opinion that prosecution has successfully proved beyond reasonable doubt its allegations against accused Firoz Sheikh and Muffazul Sheikh regarding offence punishable u/s 489B IPC.
30.To prove charges for commission of offence u/s 489C IPC, the prosecution is required to prove that :-
(A) Accused persons were found in possession of the counterfeit currency notes.
(B) Accused persons were having knowledge or reason to believe the same to be counterfeit and intending it to be used as genuine.
31. Since accused Firoz Sheikh and Muffazul Sheikh have already been convicted for commission of offence punishable u/s 489B IPC, which includes the possession of FICNs punishable u/s 489C IPC, hence, convicting the accused persons u/s 489C IPC also shall be a redundant exercise. Reliance is placed upon V. Govindrajalu v. State of Mysore (1962) 2 Cr LJ 765, AIR 1962 Mysore 275, 278.
FIR No. 292/2021PS: Special Cell Page no. 28 of 29 2 29 CONCLUSION
32.As a cumulative effect of the above discussion, accused Firoz Sheikh and Muffazul Sheikh are held guilty for commission of offence punishable u/s 489B IPC and they both are convicted thereunder.
33.Convicts Firoz Sheikh and Muffazul Sheikh shall be heard on the point of sentence on the date as fixed by the Court.
Typed to the dictation directly, Digitally signed
DR by DR
corrected and pronounced in the HARDEEP KAUR
HARDEEP Date:
open Court on 07.10.2024 KAUR 2024.10.07
15:54:13 +0530
(Dr. Hardeep Kaur)
Additional Sessions Judge-02
New Delhi District, New Delhi
State vs. Firoz Sheikh & Anr.
FIR No. 292/2021
PS: Special Cell Page no. 29 of 29
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