Delhi District Court
State vs . 1) Kuldeep Sharma on 10 April, 2007
:1:
IN THE COURT OF SH. N P KAUSHIK, ADDITIONAL
SESSIONS JUDGE : DELHI.
SC NO. : 114/05
FIR NO.: 611/98
P.S. : I P ESTATE
U/S : 489B/489C/489E/120B
121A IPC
STATE VS. 1) KULDEEP SHARMA
S/O SATPAL SHARMA
R/O 12/185, RADHAPURI,
TARANTARAN, AMRITSAR,
PUNJAB.
2) HARGOBIND SINGH
S/O LATE MAHENDER SINGH
R/O 173, AJEET NAGAR,
AMRITSAR, PUNJAB.
3) RAJENDER SINGH CHAUHAN
S/O SURJIT SINGH CHAUHAN
R/O B-270, DERAWAL NAGAR,
MODEL TOWN, DELHI.
JUDGMENT:
The case of the prosecution is that acting on the basis of the information, Intelligence Officers of Directorate of Revenue Intelligence intercepted Maruti Esteem car and four persons in the late afternoon of 25.11.98. Rummaging of the vehicle led to the recovery of Indian Currency amounting to Rs.24,99,500/- concealed in the front door panel of the vehicle. It was in the denomination of Rs.500. It was seized by the Officers of Directorate of Revenue Contd......
:2:Intelligence (hereinafter referred to as DRI) under the belief that it represented the sale proceeds of smuggled goods. Examination of 3 main persons under the provisions of Customs Act revealed that the Indian Currency was counterfeit in nature and was brought from across the Indo-Pak Border. In the changed scenario DRI Officers handedover to Delhi Police the fake Indian Currency, Maruti Esteem Car bearing registration no. DL-6C-6521 alongwith documents of the case and the persons appearing to be involved in the crime. The persons who were handedover by DRI Officers to Delhi Police were named Surender Singh, Kuldeep Sharma, Hargobind and Rohtash Singh. Besides this, one rifle .315 bore, 10 cartridges, 1 sword and a danda were also handedover. Details of the prosecution case are that 3 persons named Kuldeep, Hargobind and Surender Singh were seen near the abovesaid Maruti Esteem car at the parking of Western Court hostel, Janpath, New Delhi on 25.11.98. Car was found locked. On inquiry from the persons relating to the ownership of the car, none responded. Car was towed to the office of DRI with the help of a crane. The persons named Hargobind and Kuldeep Sharma were escorted to the office of DRI. Accused Kuldeep Sharma admitted that he had driven the car from Jalandhar to Western Court. He had stated that he had given the keys of the car to the accused Hargobind. Accused Hargobind stated that he had given the keys to one Shrawan, his driver who had come with Kuldeep Sharma from Jalandhar. Since Shrawan was not there, DRI officers forced open the door of the driver's seat by pushing the glass down. The vehicle Contd......
:3:was searched and one owner's manual in favour of M/s Chauhan Zevars, Karol Bagh, Delhi was found. Further search led to the recovery of Indian currency from a built-in cavity behind the cardboard panel of the driver's seat of the front door. DRI officers recorded the statement of the accused Kuldeep Sharma under section 108 of the Customs Act who admitted that it was a counterfeit currency. Accused Hargobind and Surender Singh had come on a Mercedes Car no. DIA 581 parked at Janpath. One of the DRI officers after inquiry came to know that the keys of the Mercedes car were with Rohtash. DRI officer named Santosh Kumar Srivastava accompanied by one Ajit Singh went to Western Court, Room no. 65 where Rohtash was standing in the lobby. Mercedes was brought to DRI office. There was no article in the said vehicle brought in contravention of Customs law. Said Mercedes car alongwith a rifle, a briefcase and said Shri Rohtash were handedover to Delhi Police.
2. Accused Kuldeep in his statement U/s 108 of the Customs Act admitted that on 24.11.98 one Nirmal Singh resident of Amritsar had met him in Amritsar. He had asked him to meet him at BMC Chowk, Jalandhar at a particular date and time. After meeting him on the appointed time, Nirmal Singh gave him the keys of the Esteem car telling that the panel of the door had currency notes of Rs.25 Lacs and the same were brought by way of smuggling from Pakistan. He (Nirmal Singh) asked him (Kuldeep Sharma) to take the vehicle to Delhi with the car driver Shrawan and hand it over to Hargobind Singh staying in Room no. 65, Western Court Hostel, Contd......
:4:Janpath, Delhi. On 25.11.98 he (Kuldeep Sharma) and Shrawan reached Western Court and met Hargobind Singh. He told that he did not know the exact address of Nirmal Singh or that of Shrawan.
3. Police registered a case u/s 489B, 489C, 489E and 120B IPC. In his detailed disclosure statement accused Kuldeep Sharma told that accused Hargobind Singh had a complete knowledge of the case as he had a prime role in the case. He had also disclosed that Nirmal Singh had sent him (Kuldeep Sharma) for a safe dispatch of currency to Delhi. Driver of Hargobind Singh named Shrawan had come with him to ensure the security of currency. Hargobind Singh had got purchased the said Maruti car by Nirmal Singh through his friend named Jai. Accused Hargobind Singh in his detailed disclosure statement stated that the currency was got sent by Nirmal Singh through Kuldeep Sharma and Shrawan to Hargobind Singh. It was to be disbursed after the arrival of Nirmal Singh in Delhi and as per his instructions. Nirmal Singh was scheduled to arrive Delhi by 'Shatabadi' train and reach Bangla Sahib Gurudwara.
4. Next case of the prosecution is that accused Hargobind Singh was in possession of a cell phone, the details of which showed that he had made calls to Pakistan and Dubai. In his disclosure statement accused Hargobind Singh had stated that the telephone numbers of Pakistan belonged to his friend Lyke and the numbers of Dubai belonged to one Tariq who was a gold smuggler. Some of the telephone numbers belonged to one Gursharan of Dubai. During investigation, police joined the owner of the car Rajender Singh Contd......
:5:Chauhan and his friend Rajiv Jai. Rajiv Jai told that Esteem Car was sold to accused Hargobind Singh. Since it was a financed vehicle and not clear for sale, its ownership could not be transferred. Nirmal Singh was not traceable in Punjab. He was the son of one Teja Ram and resident of A-20, Indira Park, Jalandhar. His native place was village Ajnala, Punjab. Despite the assistance of Kuldeep Sharma accused Nirmal Singh could not be traced. Similarly accused Hargobind Singh had named Nirmal Singh as the person sending fake currency.
5. Accused Hargobind Singh in his disclosure statement had admitted that he had old relations with a gold smuggler named Tariq in Dubai. He had the telephone numbers 9714220302, 9714254417, 9714270101 and 971506586826 of Dubai. Said Mr. Tariq had given him the phone numbers of one Lyke belonging to Pakistan. These numbers were 92425864020 and 92425161084. He had further disclosed that the agents of said Mr. Lyke had sent him 15 pistols and Rs. 5 Lacs of counterfeit Indian currency. He had delivered the said currency notes and ammunition to a gentleman and a lady near Regal Cinema on 21st November of that year. His contact in Delhi who used to contact him on Mobile Phone was one David. David had contact with the said gentleman and the lady. David also had direct contact with the smuggler Tariq in Dubai. Tariq had relations with Abu Salim. Abu Salim with his associate Dawood Ibrahim was wanted in bomb blast case of Bombay. Arrest of said David could have unearthed several cases of conspiracies and the Contd......
:6:smuggling of illegal arms and counterfeit currency. These people intended to indulge in the activities of sabotage and waging war against the Government. It was for this reason that Section 121A IPC was added.
6. Further investigation revealed that the man and woman who had met Hargobind Singh at Regal cinema and delivered 15 pistols and counterfeit currency had reached there on Bajaj Scooter no. DL 3S F 0016. The said scooter belonged to Shakil Ahmed, resident of C-1, Kacchi Colony, Nehru Vihar, Old Mustafabad. The scooter was often used by his brother Wasil Ahmed. About Wasil Ahmed it was revealed that he was arrested in a shootout in a restaurant in the jurisdiction of Police Station Seelampur, Delhi alongwith his friend named Mohd. Wasil Khan S/o Mohd. Babu Shah, resident of Village Ujjani, District Badayun, U.P. The case FIR no. 880/98 under section 307/34 IPC and u/s 27.54.59 of Arms Act was registered. From the possession of Wasil Khan one .30 bore pistol (Mouser) and live cartridge were recovered. Wasil Ahmed had by then been released on bail. While searching for Wasil Ahmed, police met one Anwar @ Munowar at whose place they found scooter no. DL-3SF-0016. It was found that the said Anwar was a friend of Wasil Ahmed. Both of them had befriended Mohd. Wasil Khan s/o Mohd. Babu Shah, 5-6 months back. In October or November 1998 Wasim had asked Wasil Ahmed and Munowar to bring certain goods from the man named Hargobind Singh from near the fruit 'rehris' at Karnal byepass. Accordingly Contd......
:7:Hargobind Singh had given Wasim @ Mohd. Wasil Khan 'a peti' which was taken from a truck. Similarly on the next day Wasil Khan had sent Wasil and Munowar to the same place to bring the goods. This time the 'peti' was quite heavy. Munowar while getting down from the scooter at his shop had stumbled. The 'peti' had broken and many pistols had come out of it. Mohd. Wasil Khan sitting at the shop after seeing all this threatened Munowar saying that in case he divulged anything to anybody, whole of his family would be eliminated. He stated that he was an agent of Abu Salem and Dawood who had spread terror in the country by doing blast in Bombay. He further stated that all these pistols were to be used by their community against 'kafirs'. He had told him that the man Hargobind Singh who had handedover the said goods was a Special agent of Dawood in India. He further told that he was a big smuggler having relations with ISI and terrorists in Punjab. He had gone to jail with terrorists like Sukha and Jinda. He was supplying arms and ammunitions to the terrorists at the instance of Dawood and Abu Salem. Eliminating any person was child's play for him.
7. Prosecution further submitted in the charge sheet that scooter no. DL-3SF-0016 was taken into possession. Counterfeit currency was sent for inspection to Bank Note Press, Dewas. These were reported to be false by Bank Note Press, Dews. Police obtained Non bailable warrants against Nirmal Singh, resident of Ajanala, Amritsar. It was found that Nirmal Singh was in judicial custody in a case of NDPS Act in Amritsar. After his interrogation it was found Contd......
:8:that he had no relations with Hargobind Singh or Kuldeep Sharma. Kuldeep Sharma and Hargobind Singh had relations with one Nirmal Singh who was a known smuggler. It was so revealed by one Vijay Kumar, brother of Kuldeep Sharma.
8. Wasil Khan disclosed that he was a resident of Bombay where he had met one Rafiq Khan, an agent of Abu Salem and Dawood Ibrahim. He had come to Delhi 6/7 months back on the directions of Abu Salem. Mohd. Wasil Khan further disclosed that on the instructions of Abu Salem, he had taken from Hargobind Singh 58 pistols and ammunition (China made) in three installments. These were made available with the help of Wasil Ahmed and Munowar at different places. He had on the telephonic instructions of Abu Salem distributed the aforesaid arms and ammunition to different people in Delhi and Bombay. Wasil Khan had given the details of distribution of pistols and fake currency notes. He had also disclosed the telephone number 9810146201. He further disclosed that he was in contact with a person named David. He got recovered one mouser (pistol) with 8 rounds from the house of one of his acquaintances in Kachi Khajuri, Delhi. About this case FIR no. 65/99 dated 14.2.99 under section 25.54.59 Arms Act, Police Station Khajuri Khas, Delhi was registered. During investigation of the said FIR no. 65/99, Police Station Khajuri Khas, accused Hargobind Singh had got recovered two pistols and rounds saying that it was a leftover portion of the goods delivered in Delhi.
9. On the basis of the aforesaid allegations, prosecution filed Contd......
:9:charge sheet U/s 489B/489C/489E/120B and 121A IPC against the accused Hargobind Singh and Kuldeep Sharma.
10. After completion of the formalities, the case was committed to the Court of Sessions by the Ld. M.M.
11. One of my Ld. Predecessors vide orders dated 3.11.99 framed charge against the accused Kuldeep Sharma and Hargobind Singh U/s 489B/489C IPC and 120B IPC. Accused persons pleaded not guilty to the charge and claimed trial.
12. Vide orders dated 26.7.2000, one of my Ld. Predecessors held that there was sufficient material to summon Surender Singh (U/s 319 Cr.P. C.) for the commission of the offences U/s 489B, 489C and 120B IPC and face trial. Vide same orders it was held that there was sufficient material against the accused Rajender Singh Chauhan for summoning him under sections 489B, 489C and 120 B IPC. Accordingly vide orders dated 27.9.2000, separate charges U/s 489B, 489C and 120B IPC were framed against the accused Surender Singh and Rajender Singh Chauhan. Vide orders dated 25.9.2003, Hon'ble High Court held that orders U/s 319 Cr. P.C. against the accused Surender Singh were wholly unsustainable in the eyes of law keeping in view the facts. It may be mentioned here that by that time, accused Surender Singh had been examined as witness. In nutshell, the case of the prosecution then was directed against the accused Kuldeep Sharma, Hargobind Singh and Rajender Singh Chauhan only.
13. To prove its case, prosecution examined 14 witnesses in Contd......
: 10 :all. Accused Rajender Singh Chauhan examined himself in defence U/s 315 Cr. P.C.
14. PW-1 Shri Joginder Singh, the then Addl. Director General, Directorate of Revenue Intelligence came in the witness box and proved the letter, Ex.PW-1/A written by him to the Commissioner of Delhi Police whereby he had disclosed the incident of the DRI Officers having found the Maruti Esteem Car No.DL-6C- 6521 with fake currency of Rs.24,99,500/-. In his cross- examination, he stated that he simply forwarded the letter to the Commissioner of Police, Delhi Police for taking action.
15. PW-2 Shri B S Bakshi, Sr. Intelligence Officer, Directorate of Revenue Intelligence stated that on 26.11.98 he recorded the statement of accused Kuldeep Sharma U/s 108 of Customs Act. He further stated that he had explained (the consequences of making statements) to Kuldeep Sharma before recording his statement.
16. PW-3 Shri Jai Prakash Raju is an LDC of Directorate of Revenue Intelligence. On 26.11.98 he recorded the statement of accused Hargobind Singh in the presence of Sh. P.K. Katiyar, Asstt. Director of DRI. He proved the statement of accused Hargobind Singh U/s 108 of Customs Act which is Ex.PW-3/A.
17. PW-4 Shri Santosh Kumar Srivastava, Intelligence Officer, Directorate of Revenue Intelligence stated that on 25.11.98 he was posted as Intelligence Officer at DRI Headquarters. He had received information relating to contraband goods or the sale Contd......
: 11 :proceeds thereof having been concealed in a Cherry colour Esteem Car bearing No.DL-6C-6521 and that the car was parked at Western Court Hostel at Janpath. He reached there with his team comprising of J.P. Singh, Dy. Director P.K. Katyar, Dy. Director Kuldeep Dhuan IO, A.K. Prasad IO and 2 or 3 more persons. It was about 4 PM. They spotted the subject car in the parking area of Western Court. They observed the place discreetly for about half an hour. They found three persons moving suspiciously around the said subject car. They found the car locked. On enquiry from the persons around, nobody gave any response. They asked the persons moving suspiciously named Kuldeep Sharma, Hargobind and Surender Singh to come to their office. The car was towed to their office with the help of a crane as it was locked. On persistent enquiry at their office, accused Kuldeep Sharma admitted that he had driven the car from Jalandhar to Western Court. He told that he had given the keys to the accused Hargobind Singh. Accused Hargobind Singh in turn stated that he had given the keys to Shrawan, his driver. Shrawan had come with the accused Kuldeep Sharma from Jalandhar. Since Shrawan was not there, driver seat front door was forced open. Vehicle was searched. Owner's manual in favour of M/s Chauhan Zevars, Karol Bagh was found. Further rummaging of the car led to the recovery of Indian currency from a built-in cavity behind the cardboard panel of the driver seat front door. Currency was in the denomination of 500 and totalled Rs.24,99,500/-. It was seized U/s 121 of the Customs Act. The witness proved Panchnama, Ex.PW-
Contd......
: 12 :4/A. It ran into eight pages besides three pages of Annx. A. Esteem car in question was seized U/s 115 of Customs Act. Recovered currency was kept in a small tin box which was locked. Lock was wrapped and stitched with a white cloth and sealed with the seal of DRI seal no. 9. A paper slip was also kept inside bearing his signatures and those of the witnesses. Jamatalashi of the accused was taken. Accused Kuldeep Sharma was examined U/s 108 of Customs Act. After coming to know that the currency was a counterfeit one, papers alongwith the case property were handedover to Delhi Police for investigation.
Next day on the information collected from accused Hargobind Singh and Surender Singh, he went to room no.65, Western Court accompanied by the IO Ajit Singh. One Rohtash was standing in the lobby. A Mercedes Car standing there was brought alongwith Rohtash to their office. They did not seize the vehicle as it contained nothing in contravention of Customs Laws. However, the car alongwith the rifle and various documents in briefcase found in the said car were handedover to the police. Rohtash was also handedover to the police. He showed the place of recovery of the car Maruti Esteem containing counterfeit notes. He gave the statement to the police of Police Station Chanakya Puri. He proved the personal search memo of the accused Kuldeep Sharma, Ex. PW-4/B. In the court, a tin box locked and sealed with the seal of ST was opened. Key was also found inside the parcel. Lock was opened with the said key. The witness proved the lock Ex. P.1 and key Ex.
Contd......
: 13 :P.2. He proved the counterfeit currency in sealed bundles, Ex. P.3 and the amount was Rs.24,99,500/-. The witness also proved the tin box Ex. P.4, Esteem car Ex. P.5, gun Ex. P.6 and the briefcase Ex. P.7. All these documents/articles were handedover to the police.
In his cross-examination, PW-4 stated that the secret information was with J.P. Singh, their Dy. Director. It was revealed to him in their office in the afternoon. They saw accused persons moving around the vehicle. Rohtash had not met them on the first day when they had seen the Esteem Car at the Western Court. Remaining four vehicles in the vicinity were at a distance of 50-100 yards from the aforesaid Maruti Esteem car. Said Esteem car was at a distance of 100 mtrs. from the main gate. He stated that Panchnama was in his handwriting. No separate memo of the car U/s 150 of Customs Act was prepared. Statements of three persons U/s 108 of Customs Act were recorded and they were handedover to the police. He could not say as to why the statement of Rohtash U/s 108 Customs Act was not recorded. Ajit Singh IO, had brought Mercedes car from Janpath. Entry of the seizure carried out by the officers was made in register no.335-J. He could not say if the material like the gun attracted any penal provision. The witness proved the service manual booklet of Maruti Esteem in the name of M/s Chauhan Zevars (P) Ltd. Bank, Karol Bagh, H.No. 2632-34. Manual was Ex. P.8. He admitted the suggestion that none of the accused persons objected to their taking the vehicle at Janpath. Crane had reached the spot at about 5.45 PM. He also admitted the Contd......
: 14 :suggestion that for some time, they observed the movements of the persons near the car.
18. PW-5 Shri Rajeev Jai, Advocate aged 37 years resident of II B/8, 1st Floor, Lajpat Nagar, New Delhi came in the witness box. He stated that he knew Rajender Singh Chauhan, Proprietor of M/s Chauhan Zevars for the last 2-3 years as he had come to him to take advice in an accident case. He stated that he had not met him during the last one year and had not given him Esteem Car for the purpose of selling.
On cross-examination by the Addl. P.P. for the State, PW-5 stated that he did not tell in his statement to the police that Rajender Singh Chauhan asked him to sell Esteem car no.DL-6C- 6521, he being his friend. He was confronted with his previous statement Mark A where it was so recorded. He also denied having stated to the police that Rajender Singh had taken responsibility of clearance of the liability of that car. He was confronted with his previous statement Mark A. It was found having been recoded. He also denied having stated to the police that he had sold the car to the accused Hargobind Singh. On confrontation with previous statement Mark A, it was found so recorded. He also denied having stated to the police that the vehicle could not be registered in the name of the ccused Hargobind Singh or that the car was in possession of the accused Hargobind Singh. He denied the suggestion that he and the accused Hargobind Singh were taking part in politics and due to it they had met each other. He stated that during the period of his Contd......
: 15 :association with the accused Rajender Singh, he had purchased one property in Bahadurgarh jointly with him. They had planned to start business but the plan failed.
In his cross-examination by Sh. R.K. Thakur, Counsel appearing for the accused Rajender Singh Chauhan, PW-5 admitted that Rajender Singh Chauhan was his good friend and they were on visiting terms. He also admitted that he alongwith the accused Rajender Singh Chauhan had started a company in the name of M/s P.J. Lal India (P) Ltd. He admitted the Partnership Deed between him and Rajender Singh Chauhan, Ex. PW-5/D1. He also admitted the copy of the articles of association of M/s P.J. Lal India (P) Ltd., Ex. PW-5/D2. He stated that he was not a practicing lawyer when he purchased the abovesaid plot and formed a company with Rajender Singh Chauhan. In his further cross-examination, PW-5 stated that the statement made by him in the court on 21.1.2000 to the effect that he knew Rajender Singh Chauhan for the last 2-3 years was wrong. He stated that he knew him for the last 6-7 years.
19. PW-6 Shri N N Sinha, LDC of Directorate of Revenue Intelligence office stated that he had recorded the statement of accused Kuldeep Sharma on 26.11.98, Ex. PW-2/A. He was called by B.S. Bakshi, Ex. IO. I do not find it necessary to discuss the deposition of this witness further, for the reason that the statement U/s 108 of Customs Act is not admissible in evidence in the present case.
20. PW-7 Sunil Kumar, an LDC of Transport Authority, Contd......
: 16 :Sarai Kale Khan proved the record of vehicle No.DL-6C-6521 Maruti Esteem in the name of M/s Chauhan Zevars (P) Ltd., Ex. PW-7/A. The record related to 17.8.95.
21. PW-8 Shri Surender Singh S/o Gurcharan Singh aged 38 years, R/o 2725/2-40, Shahid Bhagat Singh Road, Amritsar, Punjab and working as Contractor of Labour came in the witness box. He stated that he knew accused Hargobind Singh who was his partner in construction work. He did not know if accused Hargobind Singh was doing any other work except the construction work. On 23/24.11.98, he had come to Delhi alongwith the accused Hargobind Singh. They had stayed at Janpath Western Court. They had come to Delhi in connection with the game of 'kabaddi' as accused Hargobind Singh was the Chairman of All India Kabaddi Federation and Kuldeep Vats its President was also present. They were not waiting for anybody in connection with illegal activities. He further stated that nothing illegal was recovered in his presence from anybody.
In his cross examination by Addl. P.P. for the State, PW- 8 stated that the police did not record his statement in this case. They came to Delhi on 21-22.11.98 and stayed in room no. 65. He did not make any statement to the effect that on 25.11.98 he alongwith Kuldeep Sharma came to Delhi with vehicle no. DL 6C 6561 driven by Shrawan. He did not tell the police that accused Hargobind was waiting for certain persons in the parking or he had handed over the keys of the vehicle to Shrawan who had come with Contd......
: 17 :Kuldeep Sharma. On confrontation with the previous statement mark A, all these facts were found having being recorded. He denied his whole statement made to the police relating to the raid conducted by DRI officers and the recovery of Rs.24,99,500/- in the presence of two public witness. He however admitted that his statement was recorded by DRI officers u/s 108 of customs Act, Ex. PW-2/B. He also admitted his signatures on Panchnama, Ex. PW-4/A. In his cross examination by the Ld. Defence Counsel, PW-8 stated that the documents Ex. PW-8/D1 was in his hand. He again stated that he did not make any statement to the DRI officers.
22. PW-9 HC Surinder Kumar stated that on 26.11.98 Insp. Subhash Tandon deposited with him a tin box and one Maruti Esteem car no. DL-6C-6521. Tin was sealed with the seal of DRI no. 9. He also deposited Jamatalashi of Kuldeep Sharma. On 27.11.98 Insp. Subhash Tandon deposited with him one rifle, one sword and an arms licence. He made entry at Serial no. 1516 and 1517. He proved the photocopies of entries, Ex. PW-9/A and Ex. PW-9/B. PW-9 HC Surinder Kumar further stated that on 12.1.99 tin box with seal intact alongwith sample seal were sent to Bank Note Press, Dewas (MP) through ASI Satbir Singh vide Road Certificate no. 159/21/99. Receipt of the same was deposited by ASI Satbir Singh, on his return on 14.01.99. Report in this behalf was received through ASI Satbir Singh on 01.02.99.
23. PW-10 Sri Krishan, Auto Rickshaw Driver stated that he Contd......
: 18 :was taking tea at ITO stand. He did not remember the date, month or year. He stated that currency notes were shown to him and his signatures were obtained by officers of Income Tax. No other article was recovered from any other person in his presence. He admitted his signatures on each page of Ex. PW-4/A. In his cross examination by Addl. P.P. for the State, PW-10 stated that he did not make any statement to the police.
24. PW-11 Shri Lalit Dogra, Superintendent Government Hostel Western Court stated that on 25.11.98 he was interrogated by the IO in connection with the occupancy in Western Court hostel, Janpath. He produced the visitors book of Western Court hostel. He stated that room no. 65 in the said hostel was allotted to Shri Vikas Chaudhary, an M.P. of Lok Sabha. On 23.9.98 at 8 pm, possession was taken on behalf of the said MP by one Shri Jagdish Sharan Kashyap who signed the visitors book on 26.9.98. Room was vacated by Shri Vikas Chaudhary and Shri Jagdish Sharan put his signatures on the visitors book. He proved the copy of visitors book, Ex. PW-11/A bearing the signatures of Shri Jagdish Sharan at point X1 and X2.
25. PW-12 SI Satbir Singh, Spl. Branch, South West stated that on 12.1.99 while posted in Crime Branch, he received one sealed box. HC Baleshwar and Ct. Rishipal was also with him. Box was received from Police Station I P Estate vide Road Certificate no. 151/21. He took that box alongwith other two police officials to Security Press, Dewas and deposited the same there. Seal was not Contd......
: 19 :tampered with till the box remained in his possession.
PW-12 further stated that on 27.1.99 he accompanied by two Constables went to currency note press, Dewas. He collected a sealed box duly sealed alongwith a letter. After his return he handed it over to the IO. Sealed box was deposited in the Malkhana. It was not tampered with.
26. PW-13 Insp. Subhash Tandon, Interstate Cell, Crime Branch, Chanakya Puri stated that on 26.11.98 he received a complaint from Addl. Director General DRI Shri Joginder Singh through DCP Crime. It was Ex. PW-1/A. He went to the office of DRI and met Santosh Kumar Srivastava who gave him statements of Kuldeep Sharma, Surender Singh and Hargobind Singh in original. The same were Ex. PW-2/A, Ex. PW-2/B, Ex. PW-3/A. Panchnama was Ex. PW-4/A. Personal belongings of all these persons were also handedover to him. He came back to Interstate Cell Crime Branch alongwith Santosh Kumar Srivastava (DRI officer) and Kuldeep Sharma, Surender Singh, Hargobind Singh and Rohtash. He made his endorsement on the complaint of DRI. Endorsement is Ex. PW- 13/A. He sent HC Devender to Police Station I P Estate for registration of the case. He recorded statement of Santosh Kumar Srivastava U/s 161 Cr.P.C., interrogated Kuldeep Sharma in lieu of the statement U/s 108 of Customs Act and Panchnama. He arrested Kuldeep Sharma. He proved his personal search memo Ex. PW-4/B. He gave notice to the accused Hargobind Singh, Rohtash Singh and Surender Singh to come to the office and join the investigation on Contd......
: 20 :the next day at 10 am. He produced accused Kuldeep Sharma in the court and obtained his police custody remand. He then interrogated accused Rohtash, Surender Singh and Hargobind Singh. He arrested Hargobind Singh. He proved his personal search memo Ex. PW- 13/B. Hargobind Singh was produced in the court the next day. His police remand was obtained. On 26.11.98 he inspected the place of recovery and prepared the site plan at the instance of Santosh Kumar Srivastava, Ex. PW-13/C. On 27.11.98 he seized the personal belongings of Hargobind Singh recovered from his car of Mercedes make bearing no. DIG-581. One rifle with 10 rounds of .315 bore, one sword, one arms licence and one baton were seized vide memo Ex. PW-13/D. He recorded his disclosure statement Ex. PW-13/E. He also recorded the statement of the accused Kuldeep Sharma, Ex. PW-13/F. Investigation of the case was then handedover to Rakesh Dixit as he had to proceed on leave.
PW-13 further stated that on 12.12.98, after his return from leave he again received the investigation. He searched for the other accused persons of the case. On 12.1.99 fake currency notes were sent to BNP, Dewas vide Road Certificate no. 159/21/99. He recorded the statement of MHCM and ASI Satbir Singh. On 1.2.99 ASI Satbir Singh brought the report Ex. PW-13/G. Case property alongwith the opinion was received by ASI Ravi Shankar. He opened the same and sealed with the seal of ST. Sample seal, photocopy of the report and the case property were deposited in the Malkhana. On 21.1.99 he examined Lalit Dogra, Superintendent Contd......
: 21 :Government Hostel Western Court. On 27.11.98 he recorded the statement of Surender Singh u/s 161 Cr.P.C., Ex. PW-13/H. On the same day he recorded the statement of Sri Krishan Ex. PW-13/J. After completion of investigation he filed challan in the court.
27. PW-14 Shri Rakesh Dixit, Incharge, Spl. Staff, East District stated that on 29.11.98 while posted at Interstate Cell, Chanakya Puri he conducted part investigation of the case. He searched for Shrawan, driver of the accused Hargobind Singh and Nirmal Singh @ Nimma. He could not arrest them. He recorded the statement of witness Rajiv Jai Ex. PW-14/A and that of Rajender Singh Ex. PW-14/B. He obtained the details of mobile phone of accused Hargobind Singh bearing no. 919811198674. The details were Ex. PW-14/C. He also collected the details of mobile phone of David bearing no. 9810146201. The same were Ex. PW-14/D.
28. In his statement U/s 313 Cr.P.C., accused Rajender Singh admitted that Esteem Car bearing no. DL-6C-6521, Ex. P.5 was registered in the name of M/s. Chauhan Zevars Pvt. Ltd. He admitted its record Ex. PW-7/A. He stated that he had handedover the said car to Rajiv Jai for selling. In response to the remaining incriminating evidence put to him accused Rajender Singh expressed his ignorance.
29. Accused Hargobind Singh in his statement u/s 313 Cr.P.C. denied the whole of the incriminating evidence put to him. He however admitted that Mercedes car no. DIA 581, one rifle, Ex. P.6 alongwith 10 rounds, one sword, one arms licence and one baton Contd......
: 22 :were recovered from him.
30. Accused Kuldeep Sharma in his statement U/s 313 Cr. P C. denied all the incriminating evidence put to him.
31. Accused Rajender Singh Chauhan in his defence, examined himself as DW-1. He stated that in the year 1997 while doing the family business of Jewellery, his financial position became weak. Rajiv Jai was his friend with whom he started business in partnership in the name and style of P J Lal and Company. His nick name was Ponty Chauhan. In the name of the firm 'P.J. Lal', P stood for Ponty and J for Rajiv Jai. He proved copy of the Articles of Association Ex. DW1/A (already exhibited as Ex. PW-5/D2), form no. 18 of the company Ex. DW-1/B and form no. 32 Ex. DW-1/C. He further stated that the Maruti Esteem Car no. DL-6C-6521 which was in the name of Chauhan Zevars was got financed from Kotak Mahindra Finance Ltd. Due to financial crisis he was unable to pay the installments to the finance company. For this reason, he gave the said car to Rajiv Jai so that he could sell the same. Rajiv Jai was doing the business of sale/purchase of cars. After about 1 month Rajiv Jai told him that he had sold the car to someone in Punjab. He received only part payment of the sale amount. He did not receive the full amount as he could not clear the loan amount.
In his cross examination DW-1 (accused Rajender Singh Chauhan) admitted that he had moved an application for release of the car on Superdaari. He further stated that he had given the car to Rajiv Jai in April 1998. Since he had to pay Rs.50,000/- or Contd......
: 23 :Rs.60,000/- to Rajiv Jai, sale consideration of the car was not given to him.
32. I heard the arguments addressed by Sh. R.M. Bagai, Ld. Counsel appearing for the accused Hargobind Singh, Sh.Mukesh Kalia, Ld. Counsel appearing for the accused Kuldeep Sharma and Sh. R.K. Thakur, Ld. Counsel appearing for the accused Rajender Singh Chauhan. Arguments on behalf of the State were addressed by the Addl. P.P. for the State. I carefully perused the material on record.
33. As discussed above, police registered a case on receipt of the letter, Ex.PW-1/A from DRI. Letter is dated 26.11.98. DRI officer PW-2 B.S. Bakshi and P.K. Katiyar had recorded the statements of the accused Kuldeep Sharma and one Surender Singh which are Ex.PW-2/A and Ex.PW-2/B respectively. P.K. Katiyar dictated the statement to PW-3 Jai Prakash Raju which was in respect of the accused Hargobind Singh, Ex. PW-3/A. All these statements Ex.PW-2/A, PW-2/B and PW-3/A were recorded U/s 108 of the customs Act, 1962. DRI Officers proceeded with the matter under the impression that it was a genuine currency recovered from the Maruti Esteeem car no. DL-6C-6521. Only after discovering that the currency in question was a fake one that they transferred the matter to Delhi Police. Statements U/s 108 of Customs Act are not admissible in evidence in the present case.
34. PW-4 Santosh Kumar Srivastava, Intelligence Officer, DRI is a person who on receipt of an information spotted the Maruti Contd......
: 24 :Esteem car at Western Court, Janpath. He was accompanied by his team. He stated that they first observed the place discreetly for about half an hour. They found three persons moving suspiciously around the car in question. On their enquiry from the persons around, they could not give any reply relating to the owner or the driver of the car. The persons who were moving suspiciously around the car were accused Kuldeep Sharma, Hargobind Singh and one Surender Singh. The DRI Officers team comprising of J.P. Singh, Dy. Director T.K. Katyal, Dy. Director Kuldeep Dhuan IO, A.K. Prasad IO and PW-4 Santosh Kumar Shrivastav, Intelligence Officer took the car to their office with the help of a crane. Accused Kuldeep Sharma, Hargobind Singh and said Surender Singh were also escorted to the office of DRI. They forced open the driver seat front door by pushing the glass down as keys of the car were not available with the persons/accused brought there. They found owner's manual in the favour of M/s Chauhan Zevars, Karol Bagh, Delhi. Further search of the car led to the recovery of Rs.24,99,500/-. The DRI officers then conducted investigation in the manner prescribed under the Customs Act. They prepared Panchnama and seized the car U/s 115 of Customs Act. The proceedings under Customs Act conducted as per the procedure prescribed under the Act are not relevant here, the case now being one under Indian Penal Code. The next day, DRI Officers took into possession the Mercedes Car with rifle, cartridges and the licence etc. Police had not proceeded with the investigation of the presence of the Mercedes Car with the arms in it for the reason that it Contd......
: 25 :was a licenced weapon and was not in violation of any law. Coming back to the currency recovered from Maruti Esteem Car No.DL-6C- 6521, PW-4 Santosh Kumar Srivastava stated that the amount of Rs.24,99,500/- was sealed in the tin box, Ex. P.4. He proved the counterfeit currency notes, Ex. P.3 in sealed bundles.
35. After the case came to Delhi Police in pursuance to the letter, Ex. PW-1/A, Insp. Subhash Tondon PW-13 made his endorsement on the said letter, Ex. PW-13/A. An FIR was got registered through HC Devender as per statement of PW-13. Now the question arises as to whether the accused persons have been able to impeach the creditworthiness of the statement of PW-4 Santosh Kumar Srivastava, Intelligence Officer of DRI who deposed in relation to the spotting of the car and the moving of the accused Kuldeep Sharma, accused Hargobind Singh and one Surender Singh around the car in suspicious circumstances. Perusal of the cross- examination of PW-4 Santosh Kumar Srivastava shows that the said part of his version has remained unchallenged. Surender Singh was upto a particular stage a witness of the prosecution. He deposed as PW-8. Lateron he was summoned as an accused by one of my Ld.Predecessors. He was however, discharged by the Hon'ble High Court vide orders dated 25.9.03.
36. PW-8 Surender Singh (in the capacity of a witness and not as an accused) stated that on 23/24.11.98, he alongwith accused Hargobind Singh had come to Western Court, Janpath. He was known to him as they had been partners in a construction work. He Contd......
: 26 :stated that he did not know as to what additional job was being done by the accused Hargobind Singh besides the job of construction work. Now it stands proved that on 25.11.98, accused Hargobind Singh had come to Western Court, Janpath in Maruti Esteem no.DL- 6C-6521. Accused Hargobind Singh in his statement U/s 313 Cr. P.C. has failed to give any explanation for his presence near the car on 25.11.98. He has not given any explanation as to whoelse had brought the car to Delhi in which the currency in question was transferred from Jalandhar to Delhi. Similarly, accused Kuldeep Sharma was also found present near the car as stated by PW-4 Santosh Kumar Srivastava, Intelligence Officer of DRI. Accused Kuldeep Sharma who is a resident of village Rodupura, Tarantaran, Distt. Amritsar, Punjab failed to explain his presence near the car in question on 25.11.98 at Western Court Hostel, Janpath. It is not the case of the accused persons that room no.65, Western Court Hostel, Janpath belonged to them or they had been residing there as licencee or as a guest of Vikas Chaudhary, an M.P. of Lok Sabha. On the contrary, prosecution has proved that the said room stood allotted to the said Member of Parliament Vikas Chaudhary. Statement of PW- 11 Lalit Dogra is relevant in this behalf. The witness has not been cross-examined by the accused.
37. Apex Court in a catena of authorities has laid down the proposition of the conclusion of the guilt based on circumstantial evidence. It has been laid down that the circumstances from which the conclusion of guilt is to be drawn have not only to be fully Contd......
: 27 :established but also that all the circumstances so established should be of a conclusive nature and consistent only with the hypothesis of the guilt of the accused. Chain of evidence must be so complete as not to leave any reasonable ground for the belief consistent with the innocence of the accused. I rely upon the cases of Gambhir Vs. State of Maharashtra; (1982)2 Supreme Court Cases 351, K.V. Chacko Vs. State of Kerala; (2001) 9 Supreme Court Cases 277 and Ram Gopal Vs. State of Maharashtra (1972) 4 Supreme Court Cases
625.
38. At the cost of repetition, it is mentioned here that there is nothing on record pointing towards the innocence of the accused Kuldeep Sharma and Hargobind Singh. They were found in possession of the currency amounting to Rs.24,99,500/-. It has also been proved that the currency was brought from Jalandhar to Delhi by these accused persons. Quantum of the currency is so huge that it leaves no doubt that it was trafficked from Punjab to Delhi knowing that the same was a counterfeit currency. Accused persons named Kuldeep Sharma and Hargobind Singh are hence held guilty U/s 489B IPC. Since they were in possession of the counterfeit currency of Rs.24,99,500/- knowing the same to be a counterfeit one, they are held guilty for the commission of the offence U/s 489C IPC.
39. Now coming to the case of criminal conspiracy as alleged by the prosecution, it is an established law that no overt act need to be done in furtherance of the conspiracy. In order to constitute indictable offence, object of the combination need not be Contd......
: 28 :accomplished. Offence of criminal conspiracy consists in the agreement of two or more to do an illegal act or a legal act by illegal means. Conspiracy itself is a substantive offence and distinct from the offence to commit which the conspiracy is entered into. One model of criminal conspiracy is that of a chain where each party performs even without the knowledge of the other a role that aids succeeding parties in accomplishing the criminal objectives of the conspiracy. It is not material that a rim is found only when there is proof that each spoke was aware of one another's existence but that all promoted in furtherance of some single illegal objective. I place reliance upon the case of Ajay Aggarwal Vs. Union of India; 1993 Crl. L.J. 2516 and the case of K. Hashim Vs. State of Tamilnadu reported as AIR 2005 SC 128.
40. Keeping in view the aforesaid law, accused Hargobind Singh and Kuldeep Sharma came from Punjab to Delhi with the counterfeit currency in question. They knew it fully well that there was a built-in cavity in the panel of the door of the car which contained the said currency. It was only for this reason that they were keeping a watch on the car and were moving around it when they were spotted by DRI team. Accused Hargobind Singh and Kuldeep Sharma are hence guilty for the commission of the offence U/s 120B IPC and convicted therefor.
41. Prosecution in its charge-sheet did not level any allegation against the accused Rajender Singh Chauhan. Accused Rajender Singh Chauhan appeared at the scene when he moved an Contd......
: 29 :application dated 30.5.2000 seeking release of the car in question on superdari in his favour. One of my Ld. Predecessors vide orders dated 26.7.2000 summoned accused Rajender Singh Chauhan observing that he had withdrawn the application for superdari lateron for the reasons best known to him. My Ld. Predecessor also observed that accused Rajender Singh Chauhan had not taken any plea that his car was ever stolen. This material became the basis for an indication of his involvement in the case. Now the question arises as to whether prosecution has proved its case against the accused Rajender Singh Chauhan beyond reasonable doubt. Prosecution witness Rajiv Jai came in the witness box as PW-5. He did not support the version as recorded by police in his statement U/s 161 Cr. P.C. He stated that he did not make any statement to the police to the effect that the accused Rajender Singh Chauhan had asked him to sell the car in question as he was his friend. He also denied that car was found to be a financed one or accused Rajender Singh Chauhan took responsibility of the clearance of the liability of the car. He also denied having told the police that he had sold the car to the accused Hargobind Singh. The witness in the beginning stated that accused Rajender Singh Chauhan was known to him for the last 2-3 years (statement dated 21.1.2000). Subsequently on 6.9.01, he stated that he made a wrong statement in the court on 21.1.2000 on this score. He changed his statement saying that the accused Rajender Singh Chauhan was known to him for the last 6/7 years. The witness was incidentally an Advocate when he came in the Contd......
: 30 :witness box. On oath also he told lies knowing fully well that he was bound to speak the truth. For this reason, I am of the view that the testimony of PW-5 Rajiv Jai is not worthy of credit. On the other hand accused Rajender Singh Chauhan examined himself as DW-1. He proved that he had started business in the name of M/s P.J. Lal & Company with Rajiv Jai. They had a long association. Due to financial crisis, he gave his car to Rajiv Jai for the purpose of selling. He categorically stated that Rajiv Jai at that point of time was doing the business of sale and purchase of cars. Witness/accused Rajinder Singh Chauhan has not been cross-examined on this point. It clearly goes to show that Rajiv Jai was doing the business of sale and purchase of cars. DRI Officers immediately after opening the car found the owner's manual showing the name of the accused Rajender Singh Chauhan as the owner of the vehicle. Had accused Rajender Singh Chauhan been a party to the conspiracy he would have not allowed the car to be used with the documents in his name and the documents easily accessible from within the car. Irresistible conclusion, therefore, is that accused Rajender Singh Chauhan has not participated in the conspiracy in any manner. It is not the case of the prosecution that accused Rajender Singh Chauhan was found near the car in question when DRI Officers spotted the car. Except for the factum of ownership of the car, no material has come on record connecting the accused Rajender Singh Chauhan with the counterfeit currency. For these reasons, I am of the view that the accused Rajender Singh Chauhan is not guilty of conspiracy U/s Contd......
: 31 :120B IPC for the commission of the offences U/s 489B and 489C IPC. He is accordingly acquitted of the charge U/s 120B IPC r/w Section 489B and 489C IPC.
42. Summarising the position that has emerged above, accused Hargobind Singh and Kuldeep Sharma are held guilty for the commission of the offences under sections 489B/489C IPC/120B IPC and convicted therefor. Accused Rajender Singh Chauhan is acquitted of the charge under section 120B IPC read with section 489-B and 489-C IPC. Accused Hargobind Singh and Kuldeep Sharma are accordingly taken into custody.
To be heard separately on the Point of Sentence on 9.4.2007.
ANNOUNCED IN OPEN COURT ( N P KAUSHIK )
th
30 MARCH, 2007 ADDL.SESSIONS JUDGE :
DELHI.
Contd......
: 32 :
IN THE COURT OF SH. N P KAUSHIK, ADDL.SESSIONS
JUDGE : DELHI.
SC NO. : 114/05
FIR NO.: 611/98
P.S. : I P ESTATE
U/S : 489B/489C/120B IPC
STATE VS. 1) KULDEEP SHARMA
S/O SATPAL SHARMA
R/O 12/185, RADHAPURI,
TARANTARAN, AMRITSAR,
PUNJAB.
2) HARGOBIND SINGH
S/O LATE MAHENDER SINGH
R/O 173, AJEET NAGAR,
AMRITSAR, PUNJAB.
POINT OF SENTENCE :
Vide my separate judgment dated 30.3.2007, accused Kuldeep Sharma and Hargobind Singh have been convicted for the commission of the offence U/s 489-B/489-C IPC and 120-B IPC.
2. Sh. R.M. Bagai, Ld. Counsel for the accused Hargobind Singh submits that the accused has no previous record of criminality except a case under Arms Act. He is a man of 49 years having a family which comprises of wife, marriageable daughter of 24 years and a school going son. He has already undergone imprisonment for a period of 2 years and 3 months.
3. Sh.Mukesh Kalia, Ld. Counsel for the accused Kuldeep Sharma submits that the accused is a 63 years old man having a Contd......
: 33 :disability of 40% in his lower limbs. He has no previous involvement in any case. His family comprises of wife, a widowed daughter and a son of widowed daughter.
4. Quantums of punishments as prescribed in IPC for the commission of the offences U/s 489-B, 489-C, 120-B and 109 IPC are given below :
489-B. Using as genuine, forged or counterfeit currency notes or bank-notes.- Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
489-C. Possession of forged or counterfeit currency- notes or bank-notes.- Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
120-B. Punishment of criminal conspiracy.- (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous Contd......: 34 :
imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
109.Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.- Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence.
Explanation.- An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
5. In the case of Rayab Jusab Sama Vs. State of Gujarat; 1999 Crl.L.J. 942, the accused was held guilty for carrying/concealing 351 currency notes of 100 rupee denomination on 9.4.96. He was sentenced to undergo 10 years of RI by the Ld. Trial Court. While dismissing the appeal, Hon'ble High Court of Gujarat had observed as under :
"The offences of counterfeiting currency notes for using them as genuine, trafficking in them and possessing them are offences of grave nature and cannot be lightly viewed. Such offences vitiate the economy of the country and are a matter of serious Contd......: 35 :
concern. They are rarely detected and all that is ultimately proved is perhaps the tip of an iceberg.
The offence under S. 489-B prescribes imprisonment for life as the maximum punishment which itself shows the seriousness with which the legislature has viewed the offence. Having regard to the facts and circumstances of the case, we do not find that the sentence that is imposed is disproportionately severe as submitted by the learned counsel. We find it to be a sentence which has been properly imposed and which is the minimum which should be imposed in this case".
6. In the case of Abdul Fakirsaheb Mamtule Vs. State of Maharashtra; 2001 Crl. L.J. 3396, accused was found in possession of 17 fake currency notes of 100 rupee denomination. Ld. Trial Court had sentenced the accused to undergo RI for 7 years each for the offences punishable under sections 489-B and 489C IPC. In view of the fact that the accused was an old man of 73 years when the appeal came up for hearing, the sentence was reduced to SI for 3 years each for the offence U/s 489-B and 489C of IPC.
7. Coming to the case in hand, accused/convicts Hargobind Singh and Kuldeep Sharma have been found trafficking the currency to the tune of Rs.24,99,500/- from Jalandhar to Delhi. This is an organised crime and vitiates the economy of the country. It not only causes inflation but also encourages black-marketing, 'Hawala' and Contd......
: 36 :purchase of illegal Arms etc. It is a matter of common knowledge that a currency note of 500 denomination is accepted in the market only after verifying its genuineness. Present case is only one instance of pumping into Indian Economy a fake amount of Rs.25 lacs. One can imagine the magnitude of the problem keeping in view the cases pending in various courts and those which have not been detected. Accused persons, therefore, do not deserve any leniency. The only mitigating circumstance in their favour is that they are the first offenders. The roles of the convict Hargobind Singh and Kuldeep Sharma are slightly different from each other. Convict Hargobind Singh is the main accused who managed to send fake currency through accused/convict Kuldeep Sharma from Jalandhar to Delhi. I do not find it necessary to repeat the details as the same have already been discussed in the judgment.
8. In view of the discussion above, I am of the view that the ends of the justice shall be met if the convict Hargobind Singh is sentenced to undergo imprisonment for a period of 10 years and to pay fine to the tune of Rs.5 lacs for the commission of the offence U/s 489-B IPC. In default of payment of fine, convict Hargobind Singh shall undergo further imprisonment for a period of 3 years.
9. Convict Hargobind Singh is sentenced to undergo imprisonment for a period of 7 years and to pay fine to the tune of Rs.1 lac for the commission of the offence U/s 489-C IPC. In default of payment of fine, convict Hargobind Singh shall undergo further imprisonment for a period of 1 year.
Contd......
: 37 :10. Convict Hargobind Singh is sentenced to undergo imprisonment for a period of 10 years and to pay fine to the tune of Rs.5 lacs for the commission of the offence U/s 120-B IPC. In default of payment of fine, convict Hargobind Singh shall undergo further imprisonment for a period of 3 years.
11. Convict Kuldeep Sharma is sentenced to undergo imprisonment for a period of 5 years and to pay fine to the tune of Rs.1 lac for the commission of the offence U/s 489-B IPC. In default of payment of fine, convict Kuldeep Sharma shall undergo further imprisonment for a period of 1 year.
12. Convict Kuldeep Sharma is sentenced to undergo imprisonment for a period of 5 years and to pay fine to the tune of Rs.50,000/- for the commission of the offence U/s 489-C IPC. In default of payment of fine, convict Kuldeep Sharma shall undergo further imprisonment for a period of 1 year.
13. Convict Kuldeep Sharma is sentenced to undergo imprisonment for a period of 5 years and to pay fine to the tune of Rs.1 lac for the commission of the offence U/s 120-B IPC. In default of payment of fine, convict Kuldeep Sharma shall undergo further imprisonment for a period of 1 year.
Convicts are sentenced accordingly.
All the sentences shall run concurrently. Benefit of set off under section 428 Cr.P. C. be given to both the convicts.
Copy of the judgment and order on sentence be given to Contd......
: 38 :the convicts free of costs.
File be consigned to records.
ANNOUNCED IN OPEN COURT ( N P KAUSHIK )
10th APRIL 2007 ADDL.SESSIONS JUDGE :
DELHI.
Contd......