Patna High Court - Orders
Krishna Ray vs State Of Bihar on 21 January, 2009
Author: Dharnidhar Jha
Bench: Dharnidhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.50913 of 2008
KRISHNA RAY, Son of Jagdish Ray, resident of village-Ujha Pokhar,
P.S.Islampur, District-Dinaspur(W.B.).
Versus
STATE OF BIHAR
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2. 21.1.2009Heard Sri Bhola Prasad, Advocate for the petitioner and the learned A.P.P. for the State.
The Shashtra Seema Bal contingent deputed at the Indo Nepalese boarder somewhere in the district of Kishanganj had some definite information that some persons were to cross over from Nepal into India with fake currency notes. the informant and others were on a way and when the present petitioner had crossed into the Indian side of the territory from Nepal he was challenged, apprehended and on search he was found carrying 30 currency notes each of Rs.1,000/- denomination totaling up to Rs.30,000/- as per details given in the FIR. The notes were counterfeit.
The contention is that the petitioner had not used the notes and was merely found in possession of the same and that there was no evidence indicates that those were counterfeit. An attempt was also made to challenge the very manner and story of apprehending the petitioner -2- as indicated in the written report. The informant appears to be the head constable of the S.S.B. Thakurganj and had no reason to falsely implicate the petitioner.
The facts which have been alleged makes out a case of intentionally transporting and thereby trafficking in fake currency notes. It is an offence not merely deflected by the IPC, in my consider view it is an offence to destroy the national economy by running a parallel economy of fake currencies, considering which, the petition is dismissed.
( Dharnidhar Jha, J. ) B.Kr.