Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 23 August, 2024
NEUTRAL CITATION NO. 2024:MPHC-IND:23783
1
Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023,
12403/2023, 12441/2023, 12760/2023 and 15199/2023
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
CRIMINAL APPEAL No. 12652 of 2023
SANTOSH
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Santosh Kumar Meena - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
CRIMINAL APPEAL No. 12202 of 2023
NAZIM @ NAAZ MOHAMMAD
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Avinash Kumar Khare - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
CRIMINAL APPEAL No. 12210 of 2023
RAMBABU
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Santosh Kumar Meena - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 23-08-2024
16:30:08
NEUTRAL CITATION NO. 2024:MPHC-IND:23783
2
Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023,
12403/2023, 12441/2023, 12760/2023 and 15199/2023
CRIMINAL APPEAL No. 12375 of 2023
MUNNA @ VIRENDRA PATEL
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Manuraj Singh - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
CRIMINAL APPEAL No. 12403 of 2023
SUSHIL
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Vivek Singh - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
CRIMINAL APPEAL No. 12441 of 2023
NASIR
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Mukesh Sinjonia - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
CRIMINAL APPEAL No. 12760 of 2023
MUSHTAQ @ SAYEED AFTAB ALI
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 23-08-2024
16:30:08
NEUTRAL CITATION NO. 2024:MPHC-IND:23783
3
Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023,
12403/2023, 12441/2023, 12760/2023 and 15199/2023
.............................................................................................................................
Appearance:
Shri Ramesh Chandra Gangare - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
CRIMINAL APPEAL No. 15199 of 2023
RAIS
Versus
THE STATE OF MADHYA PRADESH AND ANOTHER
.............................................................................................................................
Appearance:
Shri Santosh Kumar Meena - Advocate for appellant.
Shri Rajesh Joshi - Govt. Advocate for respondent / State.
.............................................................................................................................
Reserved on : 13/08/2024
Pronounced on : 23/08/2024
JUDGMENT
These criminal appeals under section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as, 'Cr.P.C.') have been filed challenging the impugned judgment dated 02/09/2023 passed by 1 st Additional Sessions Judge, Rajgarh, District Rajgarh (M.P.) in Sessions Trial No.51/2019, whereby the appellants have been convicted and sentenced as under:
Conviction Sentence
Sr. Name of Accused Section Act Sentence Fine Imprisonment
No. Details in lieu of Fine
1. Sushil 489B IPC 10 Years RI Rs.500/- 01 Month RI
489C IPC 07 Years RI Rs.500/- 01 Month RI
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 23-08-2024
16:30:08
NEUTRAL CITATION NO. 2024:MPHC-IND:23783
4
Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI 39/192 IPC - Rs.2,500/- 02 Month RI 25(1-B)(A) Arms Act 02 Years RI Rs.500/- 01 Month RI
2. Nasir 489B IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI 25(1-B)(A) Arms Act 02 Years RI Rs.500/- 01 Month RI
3. Mushtaq @ Aftab 489B IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI
4. Rais 489A IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI
5. Nazim @ Naaz 489B IPC 10 Years RI Rs.500/- 01 Month RI Mohammad 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI
6. Rambabu 489B IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI
7. Santosh 489A IPC 10 Years RI Rs.500/- 01 Month RI 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI
8. Munna @ Virendra 489B IPC 10 Years RI Rs.500/- 01 Month RI Patel 489C IPC 07 Years RI Rs.500/- 01 Month RI 489D/34 IPC 10 Years RI Rs.500/- 01 Month RI 489E/34 IPC - Rs.100/- 02 Days RI
02. The prosecution story as having emerged during trial, briefly stated, Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 5 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 is that Sub Inspector Jitendra Ajnare (PW-12) on 08/10/2018, the date of incident, being posted at Police Chowki Papdel of Police Station Bhojpur, District Rajgarh, got a reliable information from the informant (Mukhvir) that after having fabricated fake currency notes of denomination of Rs.2,000/- and Rs.500/- three persons in a gray colour Alto 800 car bearing no registration number are transporting these currency notes to village market of Bhojpur for circulation.
03. After apprising the senior police officers about the aforesaid information and recording it in Rojnamcha Sanha at serial No.12, police team comprising of Sub Inspector Ramkumar Raghuvanshi, Police Station Jeerapur; Constable Moin Ansari, Police Line, Rajgarh; Constable Manoj Parihar, Polcie Station Narsinghgarh; Constable Dinesh Verma, Police Station Bioara City; Constable Chetan Chouhan, Police Station Machalpur; Constable Fatehsingh, Police Station Machalpur; and Constable Satish Yadav, DSB Rajgarh proceeded for conducting raid.
04. Out of the above officers, three police parties were constituted and local witness Phulchandra S/o Asharam Lodha (PW-1) and Kamlesh S/o Badrilal Lodha (PW-2) R/o Village Chatarpura, Police Station Bhojpur were also summoned to Police Station Bhojpur and apprised of the information Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 6 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 received from the informant. All the three police parties were deployed by roadside in town of 'Saimlikalan' and after waiting for about one and half to two hours, a gray colour Alto 800 car was found coming from Khilchipur towards Bhojpur. After some chase, the car was intercepted. Persons sitting in the car and the driver made an attempt to flee away from the spot, but they were surrounded by the police party and caught at the spot.
05. Driver and two other occupants of the car on interrogation disclosed their names as Sushil S/o Ravishankar Vishwakarma, resident of Aari Road, Babai Police Station, District Hoshangabad, Nasir S/o Mohammed Khan, resident of Holikhoot Basod Gali, Narsinghgarh and presently residing at Tada, Babai Police Station, District Hoshangabad; and Rambabu S/o Kailash Meena Pachwariya, resident of Village Chhatarpura, Police Station Kurawar, District Rajgarh.
06. The above persons were apprised of the information received from the informant. When the aforementioned persons were asked to undergo a search, they started apologizing saying that they are in possession of fake currency notes of denomination of Rs.2,000/- and Rs.500/-. In search of appellant Sushil from the right pocket of his pants, five packets each containing 50 fake currency notes of denomination of Rs.2,000/- bearing Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 7 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 series number 8DA269485 and one packet containing 12 fake currency notes of denomination of Rs.2,000/- bearing series number 8DA269485 were found. From the left pocket of appellant Sushil, 14 fake currency notes of denomination of Rs.500/- bearing series number 2DL016961 along with a 32 bore country made pistol with one live cartridge and one mobile phone of Samsung company was seized. In search of vehicle, 3 packets of fake currency notes of denomination of Rs.2,000/- each having 50 notes bearing series number 8DA269485 were also recovered.
07. On personal search of appellant Nasir, from right pocket of his trousers 3 packets of fake currency notes of denomination of Rs.2,000/- each containing 50 notes bearing series number 8DA269485; from the left pocket of the trousers a packet of fake currency notes of denomination of Rs.500/- containing 30 notes bearing series number 2DL016961; and 21 fake currency notes of denomination of Rs.2,000/- bearing series number 8DA269485 were recovered. From the waist of his trousers, an old 32 bore country made pistol with one live cartridge and one mobile phone having SIM of Airtel Company was also found.
08. On search of appellant Rambabu, from right pocket of his trousers 3 packets of fake currency notes of denomination of Rs.2,000/- each Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 8 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 containing 50 notes, total 150 notes bearing series number 8DA269485; from the left pocket, 10 fake currency notes of denomination of Rs.500/- bearing series number 2DL016961; and one mobile phone of Hicell Company having SIM of Idea Company was found. Thus, from all the three suspected persons, now appellants Sushil, Nasir and Rambabu before this Court, fake currency notes of denomination of Rs.500/- and Rs.2,000/- total Rs.14,93,000/- were recovered. Seizure memo (Ex.-P/6 to P/8) were prepared on the spot in the presence of witness Phulchandra (PW-1) and Kamlesh (PW-2) and recovered fake currency notes were also sealed with seizure chit.
09. On the basis of the information received on interrogation, memorandum under Section 27 of the Evidence Act (Ex.-P/1 to P/3) were recorded, wherein all the three persons mentioned herein above divulged that by scanning original currency notes through printer they have prepared fake currency notes and have brought these notes for circulating in market and printing of these notes is being carried out by their two other partners Rais and Santosh (both the appellants before this Court) at the instance of appellant Nasir. It was also informed that delivery of these fake currency notes is to be given to Mushtaq Khan (one of the appellants) resident of Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 9 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 Bhopal. It was also informed that one other partner Virendra @ Munna Patel is also having 70 fake currency notes of denomination of Rs.2,000/- and has gone to Hoshangabad for circulating them in the market. After recording the information, the appellants mentioned herein above were arrested and arrest memo (Ex.-P/11 to P/13) were prepared. Offence at Crime No.233/2018 was registered in First Information Report (Ex.-P/34) and seized car and currency notes were handed over to Head Constable Mohareer of the concerned Police Station Bhojpur.
10. During investigation, a raid was conducted at the residence of appellant Nasir at Village Babai, where appellant Rais and Santosh were caught red handed fabricating / printing fake currency notes. From the possession of appellant Rais, one packet having 68 fake currency notes of denomination of Rs.2,000/-; one packet containing 67 fake currency notes of denomination of Rs.2,000/-; 170 sheets for preparing fake currency notes of denomination of Rs.2,000/-; and 25 sheets for preparing fake currency notes of denomination of Rs.500/- along with other material was seized from the spot and seizure memo (Ex.-P/9) was prepared. Seized material including the fake currency notes were sealed on the spot and appellant Rais was arrested and arrest memo (Ex.-P/14) was prepared. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 10 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023
11. From the possession of appellant Santosh, 3 packets of fake currency notes of denomination of Rs.2,000/- out of which 2 packets having 50 notes and 1 packet having 38 notes were recovered; 1 packet of fake currency notes of denomination of Rs.500/- containing 31 notes; one Laptop; Printer; and Laptop Power Cable were seized and seizure memo (Ex.-P/10) was prepared. The appellant Santosh was also arrested and arrest memo (Ex.- P/15) was prepared. On interrogation of both the accused i.e. Rais and Santosh, given information was recorded in memorandum (Ex.-P/4 and P/5).
12. On 12/10/2018, Mushtaq @ Sayeed Aftab was arrested from Bhopal and arrest memo (Ex.-P/31) was prepared. Information given by him during interrogation in custody was recorded in the form of memorandum (Ex.P/27) and at his instance from his possession one fake currency note of denomination of Rs.2,000/- and one fake currency note of denomination of Rs.500/- was seized by preparing seizure memo (Ex.-P/29). On 16/10/2018, Nazim @ Naaz Mohammad was arrested and arrest memo (Ex.-P/30) was prepared. Information received from him on his interrogation was recorded in the memorandum (Ex.-P/28) prepared under Section 27 of the Evidence Act. From his possession 2 fake currency notes of denomination of Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 11 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 Rs.2,000/- and 2 fake currency notes of denomination of Rs.500/- were recovered and seizure memo (Ex.-P/24) was prepared.
13. On 26/10/2018, appellant Munna @ Virendra was arrested by preparing arrest memo (Ex.-P/36). Information received from him on custodial interrogation was recorded in memorandum (Ex.-P/25) and at the instance of the appellant Munna @ Virendra, 5 fake currency notes of denomination of Rs.2,000/- were recovered and seizure memo (Ex.-P/26) was prepared.
14. Seized fake currency notes were sent to Bank Note Press, Dewas for examination with draft (Ex.-P/42) of Superintendent of Police, Rajgarh. Seized Laptop was also sent for FSL examination to Bhopal. Report received therefrom are Ex.-P/44 and P/45. In these reports, it has been opined that currency notes examined are fake currency notes. Pistol and cartridge recovered from the appellant Sushil and Nasir were also sent for examination. After obtaining prosecution sanction (Ex.-P/65) from the District Magistrate, Rajgarh and also statement of witnesses were recorded.
15. After completion of usual investigation, charge sheet was laid before the Court of Magistrate having local jurisdiction, who in due course committed the case to the Court of Sessions, from where it was made over Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 12 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 for trial to 1st Additional Sessions Judge, Rajgarh. Charges as mentioned herein above were framed and read over to the appellants, who abjured the guilt and claimed to be tried. Prosecution in support of its case examined as many as 13 witnesses during trial. Apart from this, Ex.-P/1 to P/65 were also marked. None was examined in defence.
16. Appellants in examination under Section 313 of Cr.P.C. expressed total ignorance regarding all incriminating circumstances appearing against them in the prosecution evidence. They have further took plea that they are innocent and have been falsely implicated by the police due to the previous enmity. They have further took defence that police officers have thrusted fake currency notes in their pockets and shown as recovered from them.
17. Learned trial Court on appreciation of evidence, vide impugned judgment convicted and sentenced the appellants for the offences mentioned herein above.
18. Learned counsel for the appellant Nazim @ Naaz Mohammad (appellant in Criminal Appeal No.12202/2023) inviting attention of this Court towards para 11, 18, 19 and 27 of the impugned judgment and referring statements of witnesses Constable Neeraj Singh Lodhi (PW-4), Constable Giriraj Tiwari (PW-9), Constable Navdeep (PW-10) and Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 13 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 Investigating Officer Jitendra Ajnare (PW-12) submits that the appellant has been falsely implicated in the matter. The judgment is full of conjectures and surmises. Learned trial Court ignoring the serious anomalies present in the testimony of the above prosecution witnesses regarding place of arrest of the appellant has recorded the finding of guilt, which is unsustainable.
19. It is further submitted that not an iota of evidence is available against this appellant that he has circulated the fake currency notes or having knowledge that currency notes which were allegedly recovered from him are fake or having reason to believe the same forged or counterfeit and intending to use the same as genuine or that it may be used as genuine held in his possession. Learned counsel for the appellant further submits that no specific report has been received that the currency notes allegedly recovered from the appellant are forged one or fake. In the aforesaid circumstances, the appellant could not have been convicted for any of the offence.
20. To bolster his submission, learned counsel for the appellant has placed reliance paras 7 and 8 of the judgment by the Apex Court in the case of Umashanker Vs. State of Chhattisgarh reported in AIR 2001 SC 3074. Relevant para are extracted herein below:
Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08
NEUTRAL CITATION NO. 2024:MPHC-IND:23783 14 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 "7. Sections 489-A to 489-E deal with various economic offences in respect of forged or counterfeit currency-note or bank-notes. The object of Legislature in enacting these provisions is not only to protect the economy of the country but also to provide adequate protection to currency-notes and bank-notes. The currency-notes are, inspite of growing accustomedness to the credit cards system, still the backbone of the commercial transactions by multitudes in our country. But these provisions are not meant to punish unwary possessors or users.
8. A perusal of the provisions, extracted above, shows that mens rea of offences under Sections 489B and 489C is, "knowing or having reason to believe the currency-
notes or bank-notes are forged or counterfeit". Without the afore-mentioned mens rea selling, buying or receiving from another person or otherwise trafficking in or using as genuine forged or counterfeit currency-notes or bank- notes, is not enough to constitute offence under Section 489B of I.P.C. So also possessing or even intending to use any forged or counterfeit currency-notes or bank-notes is not sufficient to make out a case under Section 489C in the absence of the mens rea, noted above. No material is brought on record by the prosecution to show that the appellant had the requisite mens rea. The High Court, however, completely missed this aspect The learned trial judge on the basis of the evidence of P.W. 2, P.W. 4 and P.W. 7 that they were able to make out that currency note alleged to have been given to P.W. 4, was fake "presumed" such a mens rea. On the date of the incident the appellant was said to be 18 years old student. On the facts of this case the presumption drawn by the trial court is not warranted under Section 4 of the Evidence Act. Further it is also not shown that any specific question with regard to the currency-noted being fake on counterfeit was put to the appellant in his examination under Section 313 of Criminal Procedure Code. On these facts we have no option but to hold that the charges framed under Sections Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 15 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 489B and 489C are not proved. We, therefore, set aside the conviction and sentence passed on the appellant under Sections 489B and 489C of I.P.C. and acquit him of the said charges [see: M. Mammutti Vs. State of Karnataka : AIR 1979 SC 1705]."
21. Learned counsel has further placed reliance on para 1 of the judgment by the Apex Court in the case of M. Mammutti Vs. State of Karnataka reported in AIR 1979 SC 1705, the same is extracted herein under:
"1. The appellant has been convicted in this appeal under Sections 489-B and 489-C and has been sentenced to R. I. for one year and to R. I. for six months respectively and fine of Rs. 500/-. The sentences have been directed to run concurrently. The learned Counsel appearing for the appellant has stated that it is true that the appellant was found in possession of a counterfeit two rupee notes and the accused handed over the note to a friend to purchase a ticket for a circus show. The booking clerk on seeing the note got suspicious. He immediately informed the Sub-Inspector of Police and on search of the appellant 99 two rupee notes were recovered. The appellant in his statement under Section 342 stated that two days ago he sold three quintals of tamarind fruits to a person whom he did not know and that person gave him a sum of Rs. 390/-. These currency notes have been given to him by the purchaser. He also said that he did not know that these currency notes were counterfeit and he came to know that these currency notes were counterfeit and he came to know of it for the, first time whom he was interrogated by the police. There is no evidence of any witness to show that the counterfeit notes were of such a nature or description that a mere look at them would convince any person of average intelligence that it was a counterfeit note. Nor was any such question put to the accused under Section 342 Cr. PC. The High Court has Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 16 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 affirmed the judgment of the learned Sessions Judge on the ground that in his statement under Section 342 made before the committing Court the accused has made a statement different from that made in the Sessions Court and therefore the appellant had reason to believe that notes in his possession were counterfeit notes. Here the High Court is not correct because even in the statement before the Committing Court in Ex. P. 13 which appears at P. 154 of the paper book, the appellant has stuck to the same statement which he made before the Sessions Court that he had sold three quintals of tamrind fruits and from the purchaser he received a sum of Rs. 390/- in two rupee notes. We are not able to find any inconsistency between the answer given by the accused in his statement under Section 342 before the Sessions Judge and that before the Committing Court specially on the point that the appellant had the knowledge or reason to believe that the notes were counterfeit. Mr. Neitar submitted that once the appellant is found in possession of counterfeit notes, he must be presumed to know that the notes are counterfeit. If the notes were of such a nature that mere look at them would convince anybody that it was counterfeit such a presumption could reasonable be drawn. But the difficulty is that the prosecution has not put any specific question to the appellant in order to find out whether the accused knew that the notes were of such a nature. No such evidence has been led by the prosecution to prove the nature of the notes also, In these circumstances, it is impossible for us to sustain the conviction of the appellant. For these reasons, therefore, the appeal is allowed, conviction and sentences passed on the appellant are set aside, and the appellant is acquitted of the charges framed against him."
22. Learned counsel has further placed reliance on paras 20, 21 and 26 of the judgment delivered by the Calcutta High Court in the case of Md. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 17 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 Morful Haque Vs. State of West Bengal reported in 2017 Cri.L.J. 3733. Relevant paras are extracted herein below:
"20. Furthermore, P.W.1 admitted during cross- examination that labels put on the seized notes were loose papers and not pasted and the same also did not bear his signature or signature of the witnesses. He also admitted that he did not put his signature nor obtained signatures of the witnesses and accused on the seized notes. Seized articles were also not produced before P.W.6, P.W.7 & P.W.8 for their identification. Even there was no whisper by P.W.1 that seized currency notes were at all sealed nor there was any whisper that the label in question was prepared in presence of those witnesses and they also put their signatures on the same. According to P.W.1 he kept those articles in thana Malkhana but in spite of his thorough search said Nokia Mobile and the black coloured bag were not found. In course of argument our attention was drawn to the court's order with regard to return of the Nokia Mobile to the person from whom seized but what happened to the bag was a mystery. Even Malkhana register was not produced to support the claim of P.W.1.
21. Admittedly, seizure list or the currency notes in question did not bear any signatures of either P.W.3, P.W.4 or P.W.5 who claimed to had also accompanied P.W.1 at the time of search and seizure of counterfeit currency notes. Save and except their verbal claim nothing was produced to show their presence at the time of alleged search and seizure. Their evidence appear to be in a same tone and parrot like which casts reasonable doubt about their veracity. In our opinion none of the above witnesses can at all be relied upon. Other witnesses examined by the prosecution are investigating officers.
26. Furthermore, from the questions put to the appellant during his examination under section 313 Cr.P.C., we find that not a single question was put to him Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 18 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 with regard to the recovery of any counterfeit Indian currency notes from his possession and all the questions were astonishingly directed towards recovery of counterfeit Indian currency notes from one suspect. So, the incriminating material appearing on record against the appellant being not not put to him during his examination under section 313 Cr.P.C. for offering any explanation can not be used against him."
23. Counsel for the appellant has also placed reliance on the judgment by High Court of Gujarat in the case of Raimal Vs. State of Gujarat reported in 2016 0 Supreme (Guj) 827 and Tripura High Court in the case of Badsha Miah Vs. State of Tripura reported in 2020 Cri.L.J. 2443.
24. Learned counsel for the appellant Munna @ Virendra Patel (in Criminal Appeal No.12375/2023) referring seizure memo (Annex.-P/26), arrest memo (Ex.-P/36), disclosure memo (Ex.-P/25) and statement of witnesses Sub Inspector R. S. Thakur (PW-3), Constable Neeraj Singh Lodhi (PW-4), SI Ramkumar Singh Raghuwanshi (PW-5), SI Umesh Yadav (PW-6),Constable Moin Ansari (PW-7), Constable Bhanu Pratap Singh (PW-8) and Constable Navdeep (PW-9) and paragraphs 14, 35, 36, 57, 64, 83 and 84 of Investigating Officer Jitendra Ajnare (PW-12) submits that the appellant has been falsely implicated in the case by showing that few currency notes of denomination of Rs.2,000/- and Rs.500/- have been recovered from him. No reliable evidence is available on record to connect Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 19 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 the appellant with the charges levelled against him. By referring para 35 and 36 of the impugned judgment, learned counsel submits that no independent observation has been made by learned trial Court with regard to complicity of this appellant.
25. To bolster his submission, learned counsel has placed reliance upon para 34 and 36 of the judgment delivered by the co-ordinate Bench of this Court in the case of Laxmi Narayan and Others Vs. State of Madhya Pradesh reported in 2009(1) M.P.H.T. 478. Relevant paras are extracted herein below:
"34. As far as the case of appellant Mohan Singh is concerned, Arvind Singh Chouhan (P.W.19) has stated that when he found the appellant Mohan Singh Verma, his search was taken by him and a currency note of 500 denomination was recovered from his possession and seizure memo (Exh. P-18) was prepared. Mukesh (P.W.
12) has been declared hostile and other seizure witness has not been examined. Whether on the basis of statement of Arvind Singh Chouhan (P.W. 19) the offence under Section 489-C of IPC was proved beyond reasonable doubt against the appellant Mohan Singh, this has to be considered by this Court because, the Trial Court has convicted this appellant under Section 489-C of IPC.
35. .....
36. There is no evidence in this case to show that the appellant Mohan Singh came out of the coach of the train with Vijay Chourasiya and Ramesh Gupta. It is also not clear from the statement of Arvind Singh Chouhan (P.W.
19) that Mohan Singh was going with Ramesh Gupta and Vijay Chourasiya. Vijay Chourasiya in memorandums Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 20 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 (Exh. P-15 and Exh. P-33) and Ramesh Gupta in memorandum (Exh. P-14) did not disclose that they have handed over the counterfeit currency notes to the accused Mohan Singh. Therefore, there is no evidence in this case to prove beyond reasonable doubt that the appellant Mohan Singh was partner in the business of counterfeit currency notes with these two persons. Therefore, only on the basis of evidence of seizure of one counterfeit currency note, it cannot be concluded that the appellant Mohan Singh was having any knowledge that he is in possession of counterfeit currency note or he had any intention to use the same as genuine or it may be used as genuine. In these circumstances, the ingredients of Section 489-C of IPC could not be proved beyond reasonable doubt in this case against the appellant Mohan Singh and the Trial Court has committed an error in convicting this appellant. But this analogy cannot be applied to the case of the appellants Vijay Chourasiya in view of the evidence discussed earlier in this judgment."
26. Learned counsel for the appellant Mushtaq @ Sayeed Aftab Ali (in Criminal Appeal No.12760/2023) referring the arrest memo (Ex.-P/31), seizure memo (Ex.-P/29) and disclosure statement (Ex.-P/21) and also referring statement of prosecution witnesses Constable Giriraj Tiwari (PW-
9) and Constable Navdeep (PW-10) submits that appellant has been falsely implicated in the matter showing that he was having in his possession few fake currency notes, but the prosecution has utterly failed in connecting the appellant with the offences levelled against him. He further submits that impugned judgment is based only on conjectures and surmises and is passed Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 21 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 ignoring serious anomalies in the testimony of the prosecution witnesses. No independent witness has been examined to connect the appellant from the aforesaid offence. He has termed all the police witnesses as interested witnesses, who cannot be believed. On the aforesaid contentions, learned counsel for the appellants urged the Court for setting aside the impugned order of conviction and sentence acquitting the appellant of the charges levelled against him.
27. Learned counsel for the appellant Sushil (in Criminal Appeal No.12403/2023) referring arrest memo (Annex.-P/11), disclosure memo under Section 27 of the Evidence Act (Ex.-P/1) and seizure memo (Ex.-P/6) submit that independent prosecution witnesses have not supported the seizure from the appellant. No evidence is available that appellants having knowledge that currency notes as allegedly found in his possession are forged kept them in his possession, therefore, he could not have been convicted for the offences under Section 489B, 489C, 489D/34 and 489E/34 of IPC. He further submits that the appellant could not have been convicted even for the offence under Section 25 of the Arms Act as no independent evidence is available to support the prosecution case.
29. Learned counsel referring para 47 of the impugned judgment and Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 22 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 relying upon para 32 of the judgment by the Apex Court in the case of Rajesh and Another Vs. State of M. P. reported in AIR 2023 SC 4759 submits that in absence of cogent evidence prosecution has failed to prove the charges as levelled against the appellant and therefore, urges the Court for allowing the appeal and acquitting the appellant of the charges as levelled against him.
30. Learned counsel for the appellant Nasir (in Criminal Appeal No.12441/2023) referring arrest memo (Ex.-P/12), disclosure memo (Ex.- P/2) and seizure memo (Ex.-P/7) submit that independent witnesses of seizure are hostile. Only Investigating Officer Jitendra Ajnare (PW-12) has supported the prosecution case, who is an interested witness being investigating officer of the case. No evidence with regard to possession of fake currency notes having knowledge of the same as fake, has not been adduced, therefore, appellant cannot be convicted for the offences under Section 489B, 489C, 489D/34 and 489E/34 of IPC as alleged. It has also been argued that offence under Section 25 of Arms Act as levelled against appellant Nasir is also not proved in view of the fact that no independent witness has supported the recovery of pistol from him.
31. Learned counsel for the appellants Santosh (in Criminal Appeal Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 23 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 No.12652/2023), Rambabu (in Criminal Appeal No.12210/2023) and Rais (in Criminal Appeal No.15199/2023) taken same line of arguments. Learned counsel with regard to appellant Rambabu referred arrest memo (Ex.-P/13), seizure memo (Ex.-P/3) and disclosure statement of Rambabu (Ex.-P/8). With regard to appellant Rais arrest memo (Ex.-P/14), seizure memo (Ex.-P/9) and disclosure memo (Ex.-P/4) and with regard appellant Santosh arrest memo (Ex.-P/15), disclosure memo (Ex.-P/5) and seizure memo (Ex.-P/10) submit that it has not been proved that appellants Rais and Santosh were counterfeiting currency notes. There is also no evidence with regard to fact that after having knowledge of currency notes being fake the appellants were having in their possession the currency notes allegedly recovered from them. Learned counsel further submits that from the printer and laptop nothing incriminating could be extracted.
32. On these contentions, learned counsel for the appellants pray for acquitting the appellants of the charges levelled against them.
33. In alternative limb of arguments, learned counsel for the appellants submitted that appellant Nazim @ Naaz Mohammad has suffered jail incarceration from 16/10/2018 to 19/02/2019 for 126 days and thereafter from the date of judgment 02/09/2023 till the date of suspension i.e. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 24 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 19/07/2024 he remained in jail. Appellant Munna @ Virendra Patel suffered jail incarceration from 26/10/2018 to 28/01/2019 for 94 days and thereafter from the date of judgment 02/09/2023 till the date of suspension i.e. 19/07/2024 he remained in jail and appellant Mushtaq @ Sayeed Aftab Ali remained in custody from 12/10/2018 to 20/02/2019 for 131 days during trial and from the date of judgment 02/09/2023 till date he is in custody. Learned counsel for the appellants Sushil, Nasir and Rambabu submit that as per the details given in the impugned judgment these appellants have suffered jail incarceration for 1790 days and appellant Rais and Santosh have suffered jail incarceration for 1789 days till date. Appellants are facing trial for last about six years. They have no criminal antecedents, therefore, learned counsels have prayed for taking lenient view and for reducing their jail sentences to the period already undergone by them.
34. Learned counsel for the State has vehemently supported the impugned judgment of conviction and sentence stating that heinous crime of debilitating the Indian economy has been committed by the appellant by forging and circulating the fake currency notes. Impugned judgment is based on due appreciation of evidence. Ample evidence has been adduced by the prosecution to convict and sentence the accused. No fault can be Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 25 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 found with in the impugned judgments. Appeals are sans merits, hence, may be dismissed.
35. Heard learned counsel for the parties at length and perused the record.
36. For appreciating the evidence adduced by the prosecution in support of his case in light of the arguments advanced on behalf of counsel for the appellants, it is apposite to extract penal provisions with regard to possession of counterfeiting currency notes or bank notes as contained in Section 489A, 489B, 489C, 489D and 489E runs as under:-
"489A. Counterfeiting currency-notes or bank- notes.--Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency- note or bank-note, 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.
Explanation.--For the purposes of this section and of sections 489B, 3[489C, 489D and 489E], the expression "bank-note" means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money.
489B. 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 Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 26 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 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.
489C. 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.
489D. Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes.--Whoever makes, or performs any part of the process of making, or buys or sells or disposes of, or has in his possession, any machinery, instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any currency-note or bank-note, 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.
489E. Making or using documents resembling currency-notes or bank-notes.--(1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees.
(2) If any person, whose name appears on a document the making of which is an offence under sub-
section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 27 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 hundred rupees.
(3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub- section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that that person caused the document to be made."
From perusal of the aforesaid provisions, it is manifest that whoever counterfeit currency notes, or knowingly performs any part of the process of counterfeiting, any currency note or bank note is punishable under Section 489A of IPC. Under Section 489B, knowing or having reason to believe the currency note or bank note as forged or counterfeit, selling or buying or receiving of them has been made punishable. Under Section 489C, possession of forged or counterfeit currency note or bank note, knowing or having reason to believe the same to be forged or counterfeit has been made punishable. Under Section 489D, making or possessing instruments or material for forging or counterfeiting currency note or bank note have been made punishable and lastly under Section 489E, making or using documents resembling as currency note or bank note shall has been made punishable.
37. From perusal of the judgments / orders in the case of Umashanker, M. Mammutti, Md. Morful Haque, Raimal and Badsha Miah (Supra), Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 28 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 it is clear that mere possession of fake or counterfeit currency note does not attract provisions of Section 489C. Possession should be with knowledge that the currency note or bank note are forged or fake.
38. In view of the above provisions of IPC and in light of the exposition of law by the Apex Court and co-ordinate Bench of this Court, evidence adduced in the instant case is to be appreciated. From accused Nazim @ Naaz Mohammad as per seizure memo (Ex.-P/24), 2 fake currency notes of denomination of Rs.500/- and 2 fake currency notes of denomination of Rs.2,000/- have been seized and seizure has been proved by the Investigating Officer Jitendra Ajnare (PW-12) and witness Constable Neeraj Singh Lodhi (PW-4). Objection with regard to arraigning independent witness in the seizure memo is of no avail. Reasons are two fold. Firstly, police witnesses are good witnesses to prove the prosecution case, if their testimony is found reliable as held by the Apex Court in the case of Lopchand Naruji Jat and Aother Vs. State of Gujarat reported in (2004) 7 Supreme Court Cases 506, that even sole testimony of Investigating Officer can form basis of conviction. Secondly, so far as the arguments regarding non-availability of independent witnesses is concerned, it is well settled that no criminal case can be overboarded due to non-availability of Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 29 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 independent prosecution witnesses. Co-ordinate Bench of this Court in the case of Peeru Singh Vs. State of M. P. reported in 2024 (1) MPLJ (Cri.) 451 in para 19 and 20 has held as under:
"19. Since there is no convincing evidence to discard the testimony of injured Ramesh (PW-1), his sole testimony which is backed by instant FIR and medical reports is sufficient to evince the prosecution case.
20. In view of the aforesaid proposition, no case can be thrown out only on the basis that it was not supported by independent witnesses. Hence, the stand of learned defence counsel regarding non-availability of independent witnesses is also found without leg. Having said that, this case is well fortified by injured Ramesh PW-1. As far as the importance of testimony of injured witness Soma is concerned, the view of Hon'ble Apex court rendered in the case of Bhajan Singh @ Harbhajan Singh and others Vs. State of Haryana, 2011 MPLJ Online (Cri.) (S.C.) 15 = AIR 2011 SC 2552 is condign to quote here as under:-
"The testimony of an injured witness has its own relevancy and efficacy as he has sustained injuries at the time and place of occurrence and this lends support to his testimony that he was present at the time of occurrence. Thus, the testimony of an injured witness is accorded a special status in law. Such a witness comes with a built-in guarantee of his presence at the scene of the crime and is unlikely to spare his actual assailant(s) in order to falsely implicate someone. "Convincing evidence is required to discredit an injured witness."
39. In light of the above, contentions raised on behalf of the appellants Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 30 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 are not sustainable and have no bearing on the instant case. It is true that the currency notes recovered from the appellant Nazim @ Naaz Mohammad i.e. 2 currency notes of denomination of Rs.2,000/- and 2 currency notes of denomination of Rs.500/- proved to have been seized from him and they have been found fake, but in light of the judgment Lopchand Naruji Jat and Peeru Singh (Supra), it is not sufficient to attract the offence under Section 489C. He has not been found using these currency notes as genuine notes. No evidence in this regard is available on record. Similarly no instrument or material for forging or counterfeiting currency notes have been found from the possession of appellant Nazim @ Naaz Mohammad, therefore, offences under Section 489B, 489D/34 and 489E/34 are also not attracted.
40. Similarly, from possession of the appellant Mushtaq @ Sayeed Aftab Ali one currency note of denomination of Rs.2,000/- and one currency note of denomination of Rs.500/- was seized through seizure memo (Ex.-P/29). Though finding with regard to seizure of the above currency notes cannot found fault with as it has been proved by evidence adduced on behalf of the prosecution, but other ingredients i.e. possession with knowledge of currency notes being forged could not be proved against this appellant also. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 31 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023
41. Similarly, from possession of the appellant Munna @ Virendra Patel 5 currency notes of denomination of Rs.2,000/- were recovered and were found forged. Seizure is proved by the statement of Investigating Officer Jitendra Ajnare (PW-12) and witness Constable Bhanu Pratap Singh (PW-
8), but the evidence with regard to possession of currency notes having been found counterfeit with knowledge that these currency notes are fake could not be proved by the cogent evidence. It has also not been proved that the above appellants were using these forged or counterfeit currency notes as genuine. There is also no evidence with regard to the fact that these appellants were found in possession of instruments or material for forging or counterfeiting currency notes or bank notes.
42. In view of the aforesaid, the conviction of appellant Nazim @ Naaz Mohammad, Mushtaq @ Sayeed Aftab Ali and Munna @ Virendra Patel for the offences under Section 489B, 489C, 489D/34 and 489E/34 is not sustainable.
43. Investigating Officer Jitendra Ajnare (PW-12) has stated in his statement before the Court that on 08/10/2018 he was posted at Police Chowki Papdel of Police Station Bhojpur, District Rajgarh and on information from the informant he has conducted a raid with other police Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 32 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 officers and officials and intercepted gray colour Alto 800 car coming from Khilchipur to Bhojpur side. With the aid of police party, he has apprehended three persons occupying the above Alto 800 car, who revealed their name as Sushil Vishwakarma (appellant in Criminal Appeal No.12403/2023), Nasir (appellant in Criminal Appeal No.12441/2023) and Rambabu (appellant in Criminal Appeal No.12210/2023). From the right pocket of trousers of Sushil, he recovered 5 packets each containing 50 fake currency notes of denomination of Rs.2,000/- bearing series number 8DA269485 and one packet containing 12 fake currency notes of denomination of Rs.2,000/- bearing series number 8DA269485 and from his left pocket recovered, 14 fake currency notes of denomination of Rs.500/- bearing series number 2DL016961 along with a 32 bore country made pistol with one live cartridge and one mobile phone of Samsung company was seized. In search of vehicle, 3 packets of currency notes of denomination of Rs.2,000/- each having 50 notes bearing series number 8DA269485 were recovered.
44. This witness has further deposed that when appellant Nasir was searched from right pocket of his trousers 3 packets of currency notes of denomination of Rs.2,000/- each containing 50 notes bearing series number Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 33 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 8DA269485; from the left pocket of the trousers a packet of currency notes of denomination of Rs.500/- containing 30 notes bearing series number 2DL016961; and 21 currency notes of denomination of Rs.2,000/- bearing series number 8DA269485 were recovered and from the waist of his trousers, an old 32 bore country made pistol with one live cartridge and one mobile phone having SIM of Airtel Company was also found.
45. This witness has further deposed that when appellant Rambabu was searched, from right pocket of his trousers 3 packets of currency notes of denomination of Rs.2,000/- each containing 50 notes, total 150 notes bearing series number 8DA269485; from the left pocket of this appellant 10 currency notes of denomination of Rs.500/- bearing series number 2DL016961; and one mobile phone of Hicell Company having SIM of Idea Company was found. Total currency notes of Rs.14,93,000/- were recovered from all of them. Seizure memo (Ex.-P/6 to P/8) were prepared on the spot in the presence of witness Phulchandra (PW-1) and Kamlesh (PW-2) and seized currency notes were also sealed with seizure chit.
46. Though prosecution witness Phulchandra (PW-1) and Kamlesh (PW-
2) have not supported the prosecution case but no material infirmity has been found in the statement of Investigating Officer Jitendra Ajnare (PW- Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 34 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023
12). He withstood lengthy cross-examination and even after that his testimony could not be shaken rather it remained intact, therefore, even in the absence of corroboration from the independent witnesses, the evidence of Investigating Officer Jitendra Ajnare is found reliable and trustworthy to prove the factum of seizure of currency notes with other incriminating articles from the aforesaid appellants.
47. Investigating Officer Jitendra Ajnare has further stated that on the basis of information received in the disclosure statements (Ex.-P/1 and P/3) under Section 27 of the Evidence Act of the above appellants i.e. Sushil, Nasir and Rambabu, raid was conducted at the residence of appellant Nasir at Village Babai, where appellant Rais and Santosh were caught red handed printing / fabricating fake currency notes. From the possession of appellant Rais, one packet having 68 fake currency notes of denomination of Rs.2,000/-; one packet containing 67 fake currency notes of denomination of Rs.2,000/-; 170 sheets for preparing fake currency notes of denomination of Rs.2,000/-; and 25 sheets for preparing fake currency notes of denomination of Rs.500/- along with other materials were seized from the spot and seizure memo (Ex.-P/9) was prepared. Seized material including the fake currency notes were sealed on the spot and appellant Rais was Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 35 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 arrested and by arrest memo (Ex.-P/14).
48. From the possession of appellant Santosh, 3 packets of fake currency notes of denomination of Rs.2,000/- out of which 2 packets having 50 notes and 1 packet having 38 notes were recovered; 1 packet of fake currency notes of denomination of Rs.500/- containing 31 notes; one Laptop; Printer; and Laptop Power Cable were seized and seizure memo (Ex.-P/10) was prepared. The appellant Santosh was also arrested and arrest memo (Ex.- P/15) was prepared and information given by this accused / appellant during investigation was recorded in the memo (Ex.-P/4 and P/5).
49. The testimony of witness Jitendra Ajnare with regard to the aforesaid seizure from the appellant Rais and Santosh is trustworthy as no material having adverse bearing on the prosecution case could be culled out during lengthy cross-examination. ASI R. S. Thakur (PW-3), SI Ramkumar Singh Raghuvanshi (PW-5), SI Umesh Yadav (PW-6), Constable Moin Ansari (PW-7), Constable Giriraj Tiwari (PW-9) and Constable Navdeep (PW-10) has also supported the prosecution case.
50. The FSL report (Ex.-P/45), which is admissible under Section 293 of Cr.P.C. reveals that currency notes were received for examination from Police Station Bhojpur through Superintendent of Police vide memo Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 36 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 No.SP/Raj/CMOU/395/18 (Ex.-P/43). The currency notes seized from the appellants have been found fake only one note of Rs.500/- having number 2KB 782632 and two notes of Rs.2,000/- having numbers 5GM 454378 and 8DA 269485 marked as 'G' have been found to be genuine. Ex.-P/45 is report of examination of Laptop. These reports also corroborate the prosecution case that the seized currency notes are fake having been counterfeited by using laptop and printer seized from the possession of appellant Santosh and Rais.
51. Appellants Sushil, Nasir and Rambabu were caught red handed transporting huge number of aforementioned currency notes, which in itself reveal that they were having knowledge that these currency notes are counterfeit and were to be circulated in the market.
52. Investigating Officer Jitendra Ajnare has stated before the Court that one country made pistol with one live cartridge was seized from the appellant Nasir and one live cartridge was seized from the appellant Sushil. Seizure memo (Ex.-P/6) relating to appellant Sushil and seizure memo (Ex.- P/7) relating to appellant Nasir contain description of seized pistol and live cartridge. The same has been proved by Investigating Officer Jitendra Ajnare (PW-12), ASI R. S. Thakur (PW-3), SI Ramkumar Singh Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 37 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 Raghuvanshi (PW-5), SI Umesh Yadav (PW-6), Constable Moin Ansari (PW-7), Constable Giriraj Tiwari (PW-9) and Constable Navdeep (PW-10) has also supported the prosecution case.
53. Prosecution sanction (Ex.-P/65) with regard to prosecution of the appellant Nasir and Sushil given by Collector, District Rajgarh has been proved by the statements reports (Ex.-P/32 and P/33) of Prakash Singh Parmar (PW-13) and armorer Noneram Thakur (PW-11) with regard to seized pistols in working condition. These prosecution witnesses have also withstand in cross-examination conducted on them. Thus, it is also found prove that these appellants Nasir and Sushil were having in their possession country made pistol and one live cartridge in working condition for the purpose of possession.
54. In the light of the aforesaid discussion, this Court is of the view that learned trial Court has committed an error in holding guilty the appellant Nazim @ Naaz Mohammad (Criminal Appeal No.12202/2023), Munna @ Virendra (Criminal Appeal No.12375/2023) and Mushtaq @ Aftab (Criminal Appeal No.12760/2023) for the charges under Section 489B, 489C, 489D/34 and 489E/34 of IPC and their conviction is not sustainable, therefore, by allowing their appeals their conviction under aforesaid Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 38 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023 offences and sentence thereon is hereby set aside. They are acquitted of all the charges. Appellants Nazim @ Naaz Mohammad and Munna @ Virendra Patel are on bail. Their bail bonds and personal bonds stand discharged. Appellant Mushtaq @ Aftab is in jail, he be released forthwith. The amount of fine, if any, deposited by them will be refunded.
55. As far as the appellant Sushil (Criminal Appeal No.12403/2023), Nasir (Criminal Appeal No.12441/2023), Rambabu (Criminal Appeal No.12210/2023), Rais (Criminal Appeal No.15199/2023) and Santosh (Criminal Appeal No.12652/2023) are concerned, their conviction is based on due appreciation of evidence and ample evidence is available to connect the aforesaid appellants of the charges as found proved against them by the learned trial Court, therefore, the appeals with regard to these appellants are dismissed being devoid of any merit by affirming the judgment of conviction and sentence with regard to the aforesaid appellants as passed by the trial Court. These appellants shall remain in jail to serve their remaining jail sentences.
56. Registry is directed to remit the record with copy of this judgment to the concerned Court below forthwith for information and necessary compliance.
Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08 NEUTRAL CITATION NO. 2024:MPHC-IND:23783 39 Cr.A.Nos.12652/2023, 12202/2023, 12210/2023, 12375/2023, 12403/2023, 12441/2023, 12760/2023 and 15199/2023
57. Let a copy of this judgment be kept in the record of other connected appeals.
58. With the aforesaid, all the criminal appeals stands disposed off. Pending interlocutory application, if any, also stands closed.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI ) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 23-08-2024 16:30:08