Bangalore District Court
National Investigation Agency vs A1-Dalim Mia Alias Jalim Alias Yasin ... on 31 August, 2024
KABC010156362018
IN THE COURT OF XLIX ADDL. CITY CIVIL AND SESSIONS
JUDGE [SPECIAL COURT FOR TRIAL OF NIA CASES],
(CCH-50) BENGALURU
DATED : This 30th day of August, 2024
PRESENT:
SRI GANGADHARA C.M.,
B.Com., LL.B.,
XLIX Additional City Civil & Sessions Judge,
[Special Judge for trial of NIA Cases],
(CCH-50) Bengaluru.
Spl.C.No.386/2018
COMPLAINANT : The National Investigation Agency,
Bengaluru.
(By : Learned Spl. Public Prosecutor)
V/s
Accused No.1 : Mr. Dalim Mia @ Jalim @ Yasin Mulla
@ Dalu Gharya,
S/o. Nuhul Islam Shaikh,
Age: 24 years, R/at: Chak Deonapur,
Sabdalpur District: Maldah, West
Bengal - 732201.
Accused No.2 : Mr. Ashok Kumbar S/o Mahadev
Kumbar, Age: 47 years,
R/at: House No.2664/C,
Village: Prabhuwadi, Taluk: Chikkodi,
District: Belagavi - 591201.
Accused No.3 : Mr. Rajendra Patil @ Desai S/o Bapu
Patil, Age: 54 years,
R/of Village: Gundwada, Taluk: Raibag,
District: Belagavi - 591311.
2
Spl.C.No.386/2018
Accused No.4 : Mr. Gangadhar Kolkar
@ Gangappa Kolakar,
S/o Ramappa Kolkar,
Age: 38 years,
R/of Village: Vijjaramatti, Taluk: Mudhol,
District: Bagalkot - 587313.
Accused No.5 : Mr. Shahnoyaj Kasuri @ Shahnawaz @
Shanu @ Khan @ Ishak Shaikh
S/o Sohrab Ali, Age: 36 years,
R/of Village: Jainpur Juna,
Morol Tola, Po: Jainpur,
PS - Baishnabnagar,
Maldah, West Bengal.
Accused No.6 : Shukuruddin Sekh @ Sukruddin Ansari
@ Shukhruddin, S/o Mokles S.K. @
Mokbul Sikh, Age: 28 years,
Village - Babupara, Par Deonapur,
Po: Deonapur, PS - Baishnabnagar,
District - Maldah, West Bengal -742202.
(A.1 to A.6 are convicted)
ACCUSED NO.7 : Mr. Sariful Islam @ Sarifulla
@ Sharifuddin,
Aged about 26 years,
S/o Abu Bakkar Siddik,
R/of Babupara Village,
P.O. - Deonapur,
P.S. Baishnabnagar,
District : Maldah, West Bengal.
(By : Sri M.H.A., Advocate)
1. Nature of Offence : U/Ss.120B, 489B, 489C r/w
S.34 of IPC.
2. Date of Commission of : In between December 2017
Offence and March 2018.
3. Date of F.I.R. : 12.03.2018
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Spl.C.No.386/2018
4. Date of arrest of the : 20.06.2021
accused
5. Name of the complainant : Sri Milind M. Kathe
6. Date of Commencement : 23.02.2022
of Evidence
7. Date of Closure of : 11.03.2024
Evidence
8. Date of Pronouncement : 30.08.2024
of Judgment
Order on sentence : 31.08.2024
pronounced
9. Result of the Case : The accused is convicted for
the offences punishable
under Sections 120B and
489B of IPC
(GANGADHARA C.M.),
XLIX Addl. City Civil & Sessions Judge,
(Special Judge for trial of NIA Cases),
(CCH-50) - Bengaluru.
JUDGMENT
The National Investigation Agency (hereinafter referred to as 'NIA' for short), Mumbai Branch has submitted the charge- sheet and supplementary charge-sheets against the accused persons for the offences punishable under Sections 120B, 489B, 489C read with Section 34 of the Indian Penal Code 1860 (hereinafter referred to as 'IPC' for short).
2. The brief facts of the prosecution case are as follows :-
a) The NIA, Mumbai Branch had credible information regarding trafficking and circulation of Fake Indian Currency Notes (for short 'FICNs') in Nippani and Chikkodi of Karnataka 4 Spl.C.No.386/2018 State and a team under the leadership of Sri Milind M. Kathe was deputed for verification of the said credible information. On credible information, the team of the first informant apprehended accused No.1 - Dalim Mia @ Salim @ Yasin Mulla @ Dalu Gharya at the Nippani Bus Stand at about 14.15 hours on 12.03.2018. When accused No.1 was enquired, he disclosed that he handed over Rs.3.5 lakhs to accused No.2 - Ashok Kumbar who is his regular receiver of FICNs. Based on the said information revealed by accused No.1, the first informant lodged the first information statement with the Station House Officer (for short 'SHO') of Chikkodi Police Station. Based on the said information, the SHO of Chikkodi Police Station registered a case in Crime No.104/2018 for the offences punishable under Sections 489B, 489C and 120B read with Section 34 of IPC and handed over the investigation to PW.32 - Sri Basavaraj Kallappa Mukathihal for investigation.
b) PW.32 - Sri Basavaraj Kallappa Mukathihal conducted personal search of accused No.1 and seized one Itel mobile with 8 GB Sandisc memory card and two SIM cards, one Ziox mobile phone, one Tork mobile phone, cash of Rs.5,053/-, three train tickets, Aadhar card, voter ID card, two reservation slips and Punjab National Bank deposit Slips. He recorded the voluntary statement of accused No.1. Accused No.1 disclosed that accused No.2 - Ashok Kumbar is also involved in FICN business. Therefore, PW.32 obtained the search warrant from the learned Principal JMFC, Chikkodi to search the house of accused No.2.
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c) PW.32 - Sri Basavaraj Kallappa Mukathihal secured PW.9 - Sri Sandeep Bheemrao Sherkhane and Sri Vasanth Krishna Kalinge as panch witnesses and secured PW.7 - Sri Laxman Erappa Irbale who is a photographer to the Police Station. He visited the house of accused No.2 along with panch witnesses and the photographer and seized 41 FICNs of Rs.2,000/- denomination, 100 page note book, Karnataka Bank Pay In Slip Book and 63 bank deposit receipts under a mahajar. He arrested and conducted personal search of accused No.2. He seized a MI Note-4 mobile phone with Tata Docomo Sim card, a Samsung mobile phone with Airtel Sim card, a chocolate colour pocket diary and a blue colour pocket diary from his possession.
d) PW.32 - Sri Basavaraj Kallappa Mukathihal has recorded the voluntary statement of accused No.2 - Ashok Kumbar. Accused No.2 disclosed that he handed over Rs.1.10 lakhs to accused No.3 - Rajendra Patil and Rs.1.50 lakhs to accused No.4 - Gangadhara Ramappa Kolkar. Therefore, he secured the witnesses Sri Abdul Imam Jamadar and Sri Shivaraj Jankappa Kamble to the police station. Accused No.2 took PW.32 and panch witnesses to the house of accused No.3 in Raibagh Town. Accused No.3 disclosed that he burnt FICNs by throwing them into wood fired water heater. In this regard, he prepared a mahajar in the house of accused No.3. He conducted the personal search of accused No.3 and seized an Itel mobile phone with Vodafone and Idea Sim cards and memory card. He arrested accused No.3. Accused No.2 took them to the house of 6 Spl.C.No.386/2018 accused No.4 in Vajramatti Village of Mudhol Taluk. Accused No.4 was not in the house.
e) PW.32 - Sri Basavaraj Kallappa Mukathihal has produced accused Nos.1 to 3 before the learned Magistrate on 13.03.2018. He obtained accused Nos.1 to 3 to the Police custody. Again he visited the house of accused No.4 along with witnesses and prepared a mahajar. After completion of the custody period, accused Nos.1 to 3 were produced before the learned Magistrate on 16.03.2018. He sent the seized FICNs to the Bharatiya Reserve Bank Note Mudran Private Ltd., (for short 'BRBNMPL') Mysuru for opinion and he received the opinion from BRBNMPL. Subsequently, he handed over the investigation to PW.29 - Sri Niraj Rai as per the order of the Central Government on 18.04.2018.
f) PW.29 - Sri Niraj Rai received the case papers from PW.32 on 18.04.2018 and continued the investigation. He recorded the statements of PW.3 - Sri Pranay Shah and PW.5 - Sri Sudarshan. He visited the Central Prison, Bengaluru and collected the specimen handwriting of accused No.2 - Ashok Kumbar in the presence of prison authorities and independent witnesses Sri Sanjeev Patil and Sri Basavaraj Ambeli under a mahajar. He forwarded the specimen handwriting of accused No.2 and the documents seized from the possession of accused No.2 by PW.32 - Sri Basavaraj Kallappa Mukathihal to CFSL, Hyderabad for comparison of handwriting.
g) PW.29 - Sri Niraj Rai has visited the house of accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ 7 Spl.C.No.386/2018 Ishak Shaikh in Bangitola, Malda District, West Bengal State and seized one mobile handset with one Sim card from the possession of wife of accused No.5. He collected the reports from the assistant investigation officers and submitted the charge-sheet against the arrested accused Nos.1 to 3 and continued the further investigation with the permission of the Court against them and other wanted accused persons.
h) PW.29 - Sri Niraj Rai has submitted a requisition before the Court to issue production warrant against accused No.5 since accused No.5 was in Calcutta Jail in some other case and accused No.5 was produced before the Court on 12.09.2019 under production warrant. Accused No.5 was remanded to police custody for 15 days on the application of PW.29. PW.29 submitted an application before the Court seeking production warrant against accused No.4 since accused No.4 was lodged in Central Prison, Bengaluru in some other case. Accused No.4 was produced before the Court under production warrant on 15.09.2018 and he was remanded to police custody for 15 days on the application of PW.29.
i) PW.29 - Sri Niraj Rai has collected the voice sample of accused No.5 in the presence of the independent witnesses - Sri Shashidhar and Sri Mahesh under a mahajar. He collected the voice sample of accused Nos.4 in the presence of the independent witnesses - Sri Dileep Kumar and Sri Umesh B. under a mahajar. He also collected the voice samples of accused Nos.4 and 5 once again in the presence of the 8 Spl.C.No.386/2018 independent witnesses - Sri Dileep Kumar and Sri Umesh B. under a mahajar.
j) PW.29 - Sri Niraj Rai arrested accused No.6 - Shukruddin Sekh @ Sukruddin Ansari @ Shukuruddin at Farakka, Kolkata and seized one Samsung and one Redmi mobile phone with Sim cards under a mahajar. He recorded the voice sample of accused No.6 in the presence of Sri Balasumbramanyam and Sri Chethan Vajare under a mahajar. He collected the details of accounts to which the money was transferred through ATM slips seized from the house of accused No.2 from State Bank of India, Chikkodi Branch. He received the bank accounts details from SBI, Malda Branch in respect of account Nos.35411851286 and 35650719231. He received booking details of the accused persons from SRS Travels, Mumbai. He issued notices to the Nodal Officers of Airtel, Vodafone, Idea, Jio and Tata Tele Services and collected CAFs, CDRs and location of the accused persons and suspects from the said service providers. He submitted the first supplementary charge-sheet against accused Nos.1 to 7 by showing accused No.7 as absconding accused. Subsequently, he handed over the investigation of this case to PW.30 - Sri Ajay Kumar Dashrath Kadam.
k) PW.30 - Sri Ajay Kumar Dashrath Kadam continued the further investigation of this case as per the direction of the Superintendent of Police, NIA, Mumbai. He received the information about hideout of accused No.7 and hence, requested the Superintendent of Police, NIA, Mumbai to depute one officer 9 Spl.C.No.386/2018 to apprehend accused No.7. Accordingly, PW.22 - Sri R.A. Rajpurohit was deputed for the said purpose. PW.22 arrested accused No.7 at Doulatpur BSF Camp in Malda District and produced him before the learned jurisdictional Magistrate in Malda and obtained transit warrant from the said Court to bring accused No.7 to Bengaluru. PW.22 brought accused No.7 to Bengaluru and produced him before this Court. Accused No.7 was remanded to police custody on the request of PW.22. During the police custody, PW.22 recorded the voice sample of accused No.7 in the presence of Scientific Officer of FSL, Bengaluru by name Dr. Chathurmukha V.S. and an independent witness - Sri R.S. Sharma under a mahajar. PW.22 handed over accused No.7 to PW.30 along with case diaries, voice sample panchanama and a memory card which contained voice sample of accused No.7.
l) PW.30 - Sri Ajay Kumar Dashrath sent a request letter to the Superintendent of Police, NIA, Kolkata Branch to depute one officer for conducting search in the house of accused No.7 and to record the statements of witnesses. He sent an authorisation letter through Sri Arun More, PC, NIA, Mumbai Branch for conducting search in the house of accused No.7. As per the request made by PW.30, the Superintendent of Police, NIA, Kolkata Branch deputed PW.27 - Sri Abhijith Bala to conduct the search in the house of accused No.7. Accordingly, PW.27 visited the house of accused No.7 situated at Babupara Village, Deonapur Post, Byshnabnagar Police Station, Malda District, West Bengal along with CW.5 - Sri Rahul Amin and CW.6 - Sri Saleem Sheikh and seized three original passbooks 10 Spl.C.No.386/2018 of SBI in respect of three different accounts, original Aadhar card, photocopy of family ration card and photocopy of ration card of accused No.7 which were produced by the father of accused No.7. He recorded the statements of PW.21 - Sri Nejarul Islam, PW.23 - Sri Nizamuddin Sheikh, PW.24 - Sri Anwar Hussain and PW.17 - Sri Sanjay Chowdhary.
m) As per the instruction of PW.30 - Sri Ajay Kumar Dashrath Kadam, PW.28 - Sri Arun More visited Hariharpur for verification of CAF documents of mobile number 7432924372 and met Sri Bablu Sheikh and his brother in the said Village. He made enquiry about the CAF documents of mobile number 7432924372, collected the information and documents from Sri Bablu Sheikh and handed over the said documents along with his verification report to PW.30.
n) PW.30 - Sri Ajay Kumar Dashrath Kadam received the details of account bearing No.35650719231 which belongs to accused No.7. He received the house search memo, production cum seizure memo along with six documents and statements of witnesses recorded by PW.27. He received the verification report along with a document in respect of mobile No.7432924372 belongs to accused No.7 from PW.28. He collected a CD which contained the lawful interception data of mobile No.829259158 belongs to accused No.2 and mobile No.7432924372 belongs to accused No.7. He sent the questioned voice and sample voice of accused No.7 to FSL, Bengaluru for voice comparison. He completed the investigation and submitted the second supplementary charge-sheet against accused No.7 to this Court.
11Spl.C.No.386/2018
3. The first charge-sheet was filed before this Court on 07.06.2018 against accused Nos.1 to 3. Upon receipt of the charge-sheet, this Court took cognizance of the offences punishable under Sections 120B, 489B, 489C read with Section 34 of the IPC on 11.06.2018 and registered this case against accused Nos.1 to 3. Subsequently, the first supplementary charge-sheet was filed before this Court on 10.12.2018 against accused Nos.4 to 6 for the same offences. Since the cognizance of the offences had already been taken, the names of accused Nos.3 to 6 were entered in register No.III in this case. The copy of the charge-sheet and its enclosures were furnished to accused Nos.1 to 6 in compliance with section 207 of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C." for short).
4. This Court has framed the charges against accused Nos.1 to 6 on 10.12.2020 as there were sufficient grounds to proceed against accused Nos.1 to 6. Accused Nos.1, 2 and 6 pleaded guilty to the charges leveled against them. On the same day, they were convicted for the offences punishable under Sections 120B, 489B and 489C read with Section 34 of IPC. On 02.02.2021, accused Nos.3 and 4 filed an application seeking permission to plead guilty to the charges leveled against them. Accordingly, they were convicted for the offences punishable under Sections 120B, 489B and 489C read with Section 34 of IPC on 03.02.2021.
5. The Second supplementary charge-sheet was filed on 15.09.2021 against accused No.7 for the same offences. Since 12 Spl.C.No.386/2018 the cognizance of the offences had already been taken, the name of accused No.7 was entered in register No.III in this case. The copy of the charge-sheet and its enclosures were furnished to accused No.7 on 28.08.2021 in compliance with section 207 of Cr.P.C. The learned counsel for accused No.7 submitted before the Court that the charge may be framed. Since there were sufficient grounds to proceed against accused No.7, this Court framed the charge on 22.10.2021 and read over and explained the same to accused No.7 in the language known to him. Accused No.7 pleaded not guilty and claimed to be tried. Hence, the case was posted for prosecution evidence.
6. Subsequently, accused No.5 submitted before the Court on 04.01.2022 that he would plead guilty to the charges leveled against him and he filed an application under Section 229 of Cr.P.C. on 05.01.2022. Accordingly, accused No.5 was convicted for the offences punishable under Sections 120B, 489B and 489C read with Section 34 of IPC on 06.01.2022.
7. In order to prove the allegations made against accused No.7, the prosecution has got examined 33 witnesses as PW.1 to PW.33, has got marked the documents as Ex.P.1 to Ex.P.30 and Ex.P.180 to Ex.P.245. The remaining documents are marked as Ex.P.31 to Ex.P.179, Ex.P.246 and Ex.P.247 with the consent of accused No.7. The prosecution has got identified the articles as M.O.1 to M.O.10.
8. After conclusion of the prosecution evidence, the incriminating circumstances appeared in the prosecution evidence were read over and explained to accused No.7 in the 13 Spl.C.No.386/2018 language known to him as required under Section 313 of Cr.P.C. and the explanations offered by him were recorded on 06.11.2023 and 18.03.2024. Accused No.7 has examined a witness in support of his defence as DW.1 and closed his evidence.
9. This Court has heard the arguments of the learned counsel representing the learned Special Public Prosecutor and the learned counsel for accused No.7.
10. The points that arise for Court consideration are as follows:-
1) Whether the prosecution proves beyond reasonable doubt that in the State of West Bengal and the State of Karnataka, between December 2017 and March 2018, accused No.7 along with accused No.1 to 6 hatched a criminal conspiracy to procure and circulate FICNs in different parts of India to damage the monetary stability and economic security of India and thereby committed the offence punishable under Section 120B of IPC ?
2) Whether the prosecution proves beyond reasonable doubt that during the above said period and places, in furtherance of the said criminal conspiracy, accused No.7 purchased FICNs from Saddam Sheik and Hakeem Sheik, both are resident of Bangladesh knowing fully well that they are FICNs and sold the same to the other accused persons with the intention to damage the monetary stability and economic security of India and thereby committed the offence punishable under Section 489B read with Section 120B of IPC ?
3) What order?14
Spl.C.No.386/2018
11. Findings of this Court on the above points are as follows:-
Point No.1 : In the affirmative Point No.2 : In the affirmative Point No.3 : As per final order, for the following :-
REASONS
12. Point No.1 :- As noted above, the NIA, Mumbai Branch has filed the charge-sheet and two supplementary charge-sheets before the Court against accused Nos.1 to 7. After framing the charge against accused Nos.1 to 6, they pleaded guilty to the charges leveled against them. Therefore, they were convicted and sentenced to imprisonment. Accused No.7 is only facing the trial. Therefore, this court has taken the facts, which are relevant to prove the allegations made against accused No.7, for discussion.
I. REGARDING APPREHENSION OF ACCUSED NO.1, REGISTRATION OF THE CASE AND SEIZURE OF ARTICLES FROM ACCUSED NO.1
13. PW.32 - Sri Basavaraj Kallappa Mukathihal has testified before the Court that on 12.03.2018, the Assistant Sub- Inspector of Chikkodi Police Station registered a case in Crime No.104/2018 for the offences punishable under Sections 489B, 489C and 120B read with Section 34 of IPC based on the first information statement lodged by Sri Milind M. Kathe. The prosecution has got marked the first information statement lodged by Sri Milind M. Kathe as Ex.P.246 and the FIR registered by Chikkodi Police as Ex.P.247 with the consent of accused No.7.
15Spl.C.No.386/2018
14. Sri Milind M. Kathe has specifically stated in the first information statement that the NIA, Mumbai Branch received credible information about trafficking and circulation of FICNs in Nippani and Chikkodi of Karnataka State and a team was formed under his leadership for verification of the said information. On credible information, he and his team apprehended accused No.1 at the Nippani Bus Stand. During the enquiry, accused No.1 disclosed that he handed over Rs.3.5 lakhs to accused No.2 - Ashok Kumbar who is his regular receiver of FICNs. Hence, he produced accused No.1 before the SHO of Chikkodi Police Station and lodged the first information statement.
15. PW.32 - Sri Basavaraj Kallappa Mukathihal has further testified that he arrested accused No.1 and conducted the personal search of accused No.1. He found one Itel mobile with 8 GB Sandisc memory card and two SIM cards, one Ziox mobile phone, one Tork mobile phone and cash of Rs.5,053/-, three train tickets, Aadhar card, voter card, two electronic reservation slips and Punjab National Bank Deposit Slips. He seized the said articles in the presence of the witnesses.
16. As discusses supra, after framing of the charge, accused No.1 pleaded guilty and he was convicted and sentenced to imprisonment. It clearly indicates that accused No.1 has not disputed the said facts. Even during the cross- examination, accused No.7 has not elicited anything contrary to the testimony of PW.32 and there is nothing on record to disbelieve the evidence adduced by the prosecution. Hence, the 16 Spl.C.No.386/2018 prosecution has proved the said facts with cogent evidence beyond reasonable doubt.
II. REGARDING ARREST OF ACCUSED NOS.2 AND 3 AND SEIZURE OF ARTICLES IN THE HOUSE OF ACCUSED NO.2 AND FROM THE POSSESSION OF ACCUSED NO.2 AND 3
17. PW.32 - Sri Basavaraj Kallappa Mukathihal has testified that he recorded the voluntary statement of accused No.1. Accused No.1 disclosed that accused No.2 - Ashok Kumbar is also involved in FICN business. Therefore, he obtained search warrant from the learned Principal JMFC, Chikkodi to search the house of accused No.2. The prosecution has got marked the requisition submitted before the learned Magistrate to issue search warrant as Ex.P.33 and the search warrant issued by the learned Magistrate as Ex.P.34.
18. He has further testified that he secured PW.9 - Sri Sandeep Bheemrao Sherkhane and Sri Vasanth Krishna Kalinge as panch witnesses and secured PW.7 - Sri Laxman Erappa Irbale who is a photographer to the Police Station. He visited the house of accused No.2 along with the panch witnesses and the photographer and seized 41 FICNs of Rs.2,000/- denomination, 100 page note book, 21 slips and 63 bank deposit receipts under a mahajar. He has further testified that he arrested accused No.2 and seized a MI Note-4 mobile phone with Tata Docomo Sim card, a Samsung mobile phone with Airtel Sim card, a chocolate colour pocket diary and a blue colour pocket diary from his possession during personal search of accused No.2.
17Spl.C.No.386/2018
19. PW.9 - Sri Sandeep Sherkhane has testified that on 13.03.2018 he and Sri Vasanth Kalinge went to Chikkodi Police Station in response to the notice issued by the Police to assist in a case as witnesses. Accused No.1 - Dalim was present there. Accused No.1 disclosed in their presence that he is involved in trafficking FICNs along with accused No.2 - Ashok Kumbar and he would show the house of accused No.2 - Ashok Kumbar. Accused No.1 took them to the house of accused No.2 - Ashok Kumbar. When the police enquired accused No.2 - Ashok Kumbar, he produced 41 currency notes of Rs.2000/- denomination, 100 pages notebook which contains particulars of transactions, Karnataka Bank pay in slip book and 63 receipts for having deposited the amount at SBI cash deposit machine. In this regard, the Police prepared a mahajar from 00-30 a.m. to 03.30 a.m. in the house of accused No.2 - Ashok Kumbar and seized the said articles. At the time of the said proceedings, the Police took a photograph.
20. PW.7 - Sri Laxman Erappa Irbale has testified that he was a photographer and owned a photo studio in the name and style as 'Sai Digitals' at Indiranagar, Chikkodi. On 13.03.2018, the CPI of Chikkodi police station called him to the police station to take photographs. When he went to the police station, the CPI took him in a jeep to the house of accused No.2- Ashok Kumbar at Prabuvadi Galli of Chikkodi Town. In the said house, accused No.2 - Ashok Kumbar was there. Maharashtra police came to the said house and inquiring accused No.2 - Ashok Kumbar in connection with FICNs. The police entered into the house of accused No.2 - Ashok Kumbar and opened one 18 Spl.C.No.386/2018 almirah and they found the FICNs of Rs.2,000/- denomination. The police seized a pass book, FD receipt and some receipts for having deposited the amount in his presence. The police prepared a mahajar and obtained his signature. He has further testified that Sri Prashanth Kalinge and Sri Sandeep were also present at the time of seizure of the articles and they affixed their signatures on the mahajar. He took the photographs of the proceedings held in the house of accused No.2 and affixed his signature on the mahajar. The prosecution has got marked the said mahajar as Ex.P.26 and the photograph as Ex.P.24.
21. Accused No.7 has not cross-examined PW.7 and the testimony of PW.7 is remained unchallenged. Though PW.9 has been cross-examined, nothing is elicited from his mouth contrary to his testimony. PW.9 specifically denied that the Police brought some documents from the house of accused No.2 to the Police Station, segregated them and obtained his signatures in the Police Station. He also denied that he does not know anything about this case and he affixed his signatures on the documents at the instance of Chikkodi Police. Even during the cross-examination of PW.32, nothing has been elicited contrary to his testimony except posing some questions that no local witnesses were secured during the mahajar. It is pertinent to note that based on the disclosure made by accused No.1, PW.32 submitted an application for search warrant and obtained the search warrant from the jurisdictional Magistrate to search the house of accused No.2. In order to search the house of accused No.2, he secured the witnesses to the police station before visiting the house of accused No.2. It is settled 19 Spl.C.No.386/2018 proposition of law that the evidence adduced by the prosecution to prove the seizure cannot be discarded only on the ground that the investigation officer failed to secure local witnesses during the seizure. Moreover, the evidence of one of the panch witnesses is remained unchallenged and accused No.2 has already pleaded guilty to the charges leveled against him. Therefore, the evidence of the aforesaid witnesses cannot be disbelieved only on the ground the the local witnesses are not secured during the seizure.
22. It is evident from the aforesaid evidence that PW.32 obtained the search warrant from the learned Magistrate, visited the house of accused No.2 - Ashok Kumbar along with panch witnesses and seized currency notes of Rs.2000 denomination, 100 pages notebook which contains particulars of transactions, Karnataka Bank pay in slip book and 63 receipts for having deposited the amount at SBI cash deposit machine in the house of accused No.2. It is further evident from the records that PW.32 arrested accused No.2 on 13.03.2018 and he seized a MI Note-4 mobile phone with Tata Docomo Sim card, a Samsung mobile phone with Airtel Sim card, a chocolate colour pocket diary and a blue colour pocket diary from the possession of accused No.2 during the personal search of accused No.2. Hence, the prosecution has proved the aforesaid facts with cogent and convincing evidence.
23. PW.32 - Sri Basavaraj Kallappa Mukathihal has testified that he recorded the voluntary statement of accused No.2 - Ashok Kumbar. Accused No.2 disclosed that he handed 20 Spl.C.No.386/2018 over FICNs worth Rs.1.10 lakhs to accused No.3 - Rajendra Patil and FICNs worth Rs.1.50 lakhs to accused No.4 - Gangadhara Ramappa Kolkar. Therefore, he secured the witnesses Sri Abdul Imam Jamadar and Sri Shivaraj Jankappa Kamble to the police station. Accused No.2 took him and the panch witnesses to the house of accused No.3 in Raibagh Town. Accused No.3 disclosed that he burnt FICNs by throwing them into wood fired water heater. In this regard, he prepared a mahajar in the house of accused No.3. He has further testified that he conducted the personal search of accused No.3 and seized an Itel mobile phone with Vodafone and Idea Sim cards and a memory card from him. He arrested accused No.3. During the cross-examination of PW.32, accused No.7 has not made any suggestion denying the said facts and he has not elicited anything contrary to the testimony of PW.32.
24. It is evident from the above evidence that based on the disclosure made by accused No.2, PW.32 visited the house of accused No.3 along with panch witnesses and seized an Itel mobile phone with Vodafone and Idea Sim cards and memory card from his possession. Hence, the prosecution has proved the said facts beyond reasonable doubt with cogent and convincing evidence.
III. OPINION OF BHARATIYA RESERVE BANK NOTE MUDRAN PRIVATE LIMITED
25. PW.32 - Sri Basavaraj Kallappa Mukathihal has testified that he wrote a letter to BRBNMPL to furnish an opinion and return FICNs sent for analysis. He received the opinion from 21 Spl.C.No.386/2018 BRBNMPL on 28.03.2018 and produced the opinion report along with 41 FICNs before the Court on 31.03.2018. The prosecution has got marked the currency notes seized from the house of accused No.2 - Ashok Kumbar as MO.1, the letter forwarded by BRBNMPL as Ex.P.42 and the opinion report of BRBNMPL as Ex.P.43.
26. It appears from Ex.P.42 that Sri K.A. Patel, CHC- 2038 of Chikkodi Police Station collected opinion report and 41 FICNs from BRBNMPL. A perusal of Ex.P.43, BRBNMPL issued the opinion that 41 notes of Rs.2,000/- denomination are of low quality counterfeit Indian Bank Notes.
27. During the cross examination of PW.32, nothing has been elicited contrary to the case of the prosecution. Moreover, accused No.2 has pleaded guilty to the charges leveled against him and the opinion submitted by BRBNMPL is marked with the consent of accused No.7. There is no dispute on the said facts and there is nothing on record to disbelieve the evidence adduced by the prosecution. Hence, the prosecution has proved beyond reasonable doubt with cogent and convincing evidence that 41 notes of Rs.2,000/- denomination seized from the house of accused No.2 - Ashok Kumbar are FICNs.
IV. REGARDING COLLECTION OF SPECIMEN HANDWRITING AND COMPARISON OF THE DISPUTED HANDWRITING WITH THE SPECIMEN HANDWRITING OF ACCUSED NO.2 - ASHOK KUMBAR
28. It is the case of the prosecution that the investigating Officer recorded the specimen handwriting of 22 Spl.C.No.386/2018 accused No.2 - Ashok Kumbar in the presence of witnesses. He sent the specimen handwriting and the documents seized from accused No.2 - Ashok Kumbar to CFSL, Hyderabad for opinion. The expert has given opinion that the handwriting found in the documents seized from accused No.2 - Ashok Kumar and specimen handwriting collected during the investigation is written by the same person. Hence, this court proceeds to examine whether the prosecution has proved the said facts with cogent and convincing evidence.
IV(A). REGARDING COLLECTION OF SPECIMEN HANDWRITING OF ACCUSED NO.2 - ASHOK KUMBAR
29. PW.29 - Sri Niraj Rai has testified that on 30.04.2018, he visited Central Prison, Bengaluru and collected specimen handwriting of accused No.2 - Ashok Kumbar in the presence of panch witnesses Sri Sanjeev Patil, Sri Basavaraj Ambeli and prison authorities. In this regard, he prepared a mahazar as per Ex.P.48. The said mahajar is marked with the consent of accused No.7. A perusal of Ex.P.48, PW.29 visited Central Prison, Bengaluru and collected specimen handwriting of accused No.2 - Ashok Kumbar in the presence of panch witnesses and prison authorities. During the cross examination, nothing is elicited contrary to the testimony of PW.29 by accused No.7. Moreover, accused No.2 - Ashok Kumbar admitted the guilt and he is convicted and sentenced to imprisonment.
30. It is evident from the aforesaid evidence that PW.29 visited Central Prison, Bengaluru and collected specimen handwriting of accused No.2 - Ashok Kumbar in the presence of 23 Spl.C.No.386/2018 witnesses. Moreover, the document is marked with the consent of accused No.7 - Sariful Islam. Hence, there is no dispute on this aspect and the prosecution has proved the said facts with cogent and convincing evidence beyond reasonable doubt.
IV(B). REGARDING THE OPINION OF THE EXPERT ON THE DISPUTED HANDWRITING AND THE SPECIMEN HANDWRITING OF ACCUSED NO.2 - ASHOK KUMBAR
31. As discussed supra, a 100 pages note book was seized from the house of accused No.2 and two pocket diaries were seized from the possession of accused No.2 - Ashok Kumbar during his personal search. The specimen handwriting of accused No.2 - Ashok Kumbar was collected in Central Prison, Bengaluru. PW.29 - Sri Niraj Rai has testified that on 04.05.2018, he forwarded the specimen handwriting of accused No.2 - Ashok Kumbar and the documents seized from the possession of accused No.2 by the State Investigating Agency to CFSL, Hyderabad for comparison of the handwriting.
32. The prosecution has got marked the blue colour pocket diary seized from the possession of accused No.2 - Ashok Kumbar as Ex.P.237 and the 100 pages note book seized from the house of accused No.2 - Ashok Kumbar as Ex.P.238. The handwriting found in Ex.P.237 is marked as Q1/1 to Q1/4, the handwriting found in Ex.P.236 is marked as Q2/1 to Q2/5 and the specimen handwriting of accused No.2 - Ashok Kumbar is marked as S1 to S16.
33. It is pertinent to note that CFSL report in respect of handwriting of accused No.2 - Ashok Kumbar is marked as 24 Spl.C.No.386/2018 Ex.P.99 with the consent of accused No.7. A perusal of the said report, the expert has given opinion that the person who wrote the blue enclosed writing stamped and marked S1 to S16 also wrote the red enclosed writing similarly stamped and marked Q1/1 to Q1/4 and Q2/1 to Q2/5. Further, accused No.2 has pleaded guilty to the charges leveled against him.
34. A perusal of the aforesaid evidence adduced by the prosecution, the questioned documents seized from the house of accused No.2 and from the possession of accused No.2 - Ashok Kumbar and the specimen handwriting collected during the investigation at Central Prison, Bengaluru were sent to CFSL, Hyderabad. The expert, after examination of the questioned and admitted writing, has given opinion that the disputed handwriting and the admitted handwriting is written by the same person. Hence, the prosecution has proved with cogent and convincing evidence that handwriting found in the documents seized from the house of accused No.2 and from the possession of accused No.2 is written by accused No.2 - Ashok Kumbar.
V. REGARDING ARREST OF ACCUSED NO.7 - SARIFUL ISLAM @ SARIFULLA @ SHARIFUDDIN
35. PW.22 - Sri R.A. Rajpurohit has testified that on 20.06.2021, he arrested accused No.7 - Sariful Islam at Doulathpur BSF Camp in Malda District at 06.15 p.m. in the presence of Sri. S.L. Meena and Sri. Prashanth Roy. He produced accused No.7 before the jurisdictional court in Malda and brought him to Bengaluru after obtaining the transit warrant from the jurisdictional Court and produced him before this court.
25Spl.C.No.386/2018
36. PW.21 - Sri Nejarul Islam has testified that accused No.7 - Sariful Islam is his brother. In 2021, the NIA police summoned him and his younger brother Imadual Islam to BSF office and accused No.7 was brought to the said office by NIA police. Accused No.7 was arrested by the police in FICN case. PW.26 - Sri Prashanth Roy has testified that on 20.06.2021, accused No.7 was caught by the NIA police at Indo-Bangladesh border area and brought him to their camp. The police arrested accused No.7 and intimated the same to his brother.
37. Accused No.7 - Sariful Islam has not cross examined PW.21 and his evidence is remained unchallenged. During the cross-examination of PW.22 and PW.26, accused No.7 has not elicited anything contrary to their testimony. In this regard, accused No.7 himself put the suggestions to PW.22 that he arrested accused No.7 at BSF camp and accused No.7 voluntarily surrendered before him at the BSF outpost, Doulathpur. Further, the record reveals that accused No.7 was produced before this court on 25.06.2021 along with transit warrant issued by the learned Chief Judicial Magistrate, Malda dated 21.06.2021 and accused No.7 stated before this court that he was arrested on 20.06.2021 at BSF Camp, 78 Company, Doulathpur. Further, during recording the statement as required under section 313 of Cr.P.C., accused No.7 admitted that he was arrested at BSF office, Malda and brought him to Bengaluru and produced him before this court.
38. A perusal of the above evidence, the prosecution has placed sufficient materials to prove that accused No.7 -
26Spl.C.No.386/2018 Sariful Islam was arrested on 20.06.2021 at Doulathpur BSF Camp in Malda District and accused No.7 has also admitted the said facts. Hence, the prosecution has proved the said facts with cogent and convincing evidence beyond reasonable doubt.
VI. REGARDING MOBILE NUMBER OF ACCUSED NO.2 -
ASHOK KUMBAR
39. It is the case of the prosecution that accused No.2 - Ashok Kumbar was using mobile No.8792598158. In this regard, PW.11 - Sri Akshay Ashok Kumbar has testified that accused No.2 is his father and his father was using the mobile No.8792568158. The said mobile number was standing in the name of his grandfather Sri Mahadeva Annappa Kumbar. The prosecution has got marked the customer application form of the subscriber Sri Mahadeva Annappa Kumbar as Ex.P.81. The said document has been marked with the consent of accused No.7. It is pertinent to note that accused No.2 has pleaded guilty to the charges leveled against him and he admitted that he was using mobile No.8792598158.
40. Further, PW.11 has testified that in the month of March 2018, the police called him to Chikkodi Police Station. When he visited Chikkodi Police Station, Mumbai Police were present there. His grandfather Sri Mahadev Kumbar also accompanied him to the police station. Four audios were played in his presence and he identified the voice of his father in the said audios.
41. Further, PW.12 - Sri Vasantha Maruthi Karigar has deposed in his evidence that NIA Police issued a notice to him 27 Spl.C.No.386/2018 on 30.05.2018 to appear at Chikkodi Police Station. On the same day, he visited Chikkodi Police Station at around 05.30 p.m. to 06.00 p.m. PW.11 - Sri Akshay Kumbar, Sri Mahadev and NIA police were present in the said police station. The police played a CD in a laptop and instructed PW.11 and Sri Mahadev to identify the voice found in the said audio files stored in the said CD. PW.11 listened to the said audios and identified the voice of his father Ashok Kumbar in the said audio files and Sri Mahadeva listened to the said audios and identified the voice of his son Ashok Kumbar in the said audio files.
42. A perusal of the aforesaid evidence adduced by the prosecution, PW.11 has clearly stated that his father was using mobile No.8792598158. He identified the voice of his father in the audio files stored in the CD. PW.12 has clearly testified that PW.11 and his grandfather Sri Mahadeva identified the voice of accused No.2 in the audio files stored in the CD. Accused No.2 - Ashok Kumbar admitted guilt before this Court. Accused No.7 has not challenged the evidence of PW.11 and 12 by way of cross-examination. Therefore, the prosecution has placed cogent and convincing evidence to show that accused No.2 was using mobile No.8792598158 and proved the said facts beyond reasonable doubt.
VII. REGARDING MOBILE NUMBER OF ACCUSED NO.1 -
DALIM MIA
43. As discussed supra, PW.32 - Sri Basavaraj Kallappa Mukathihal seized Itel Mobile with 8 GB Sandisk Memory Card and 2 SIM cards, one Ziox mobile phone and 2 Vodafone SIM 28 Spl.C.No.386/2018 cards, one Tork Mobile phone and other articles during the personal search of accused No.1 - Dalim Mia. In this regard, PW.32 prepared a document as per Ex.P.46. A perusal of Ex.P.46, IMEI number of Itel mobile phone is mentioned as 911580802195122/30, IMEI number of Ziox mobile phone is mentioned as 911545505140006/14 and IMEI number of Tork mobile phone is mentioned as 357398084390399/95. The mobile number of accused No.1 - Dalim Mia is mentioned as 7718287349. It is pertinent to note that accused No.1 - Dalim Mia has pleaded guilty to the charges leveled against him and he is convicted and sentenced to imprisonment and Ex.P.46 is marked with the consent of accused No.7 - Sariful Islam.
44. Further, all the Sim Cards seized from accused No.7- Sariful Islam are of Vodafone company. The prosecution has got marked the Customer application form of mobile No.7718287349 as Ex.P.69, CDR of the said mobile number as Ex.P.70 and Cell IDs details as Ex.P.71. It is pertinent to note that the said documents are marked with the consent of accused No.7.
45. As per Ex.P.69 - the Customer application form, the subscriber of the mobile No.7718287349 is Sri Lagen Malapahari. It does not stand in the name of accused No.1 - Dalim Mia, but it is of Vodafone company SIM card. As per the case of the prosecution, the accused is the permanent resident of Malda District, West Bengal State. The Aadhar card seized from the possession of accused No.1 - Dalim Mia clearly indicates that accused No.1 is the resident of Malda District, 29 Spl.C.No.386/2018 West Bengal State and it corroborates the case of the prosecution. Further, accused No.1 is apprehended at the Nippani Bus stand. The said fact clearly indicates that accused No.1 came to Karnataka from West Bengal. It reveals from Ex.P.71 that accused No.1 entered into Karnataka on 08.03.2018 and he was in Karnataka until 10.03.2018. It shows that he was in Kolar, Bengaluru, Dharwad, Belgaum, Chikkodi and Nippani between 08.03.2018 and 10.03.2018. It is evident from the aforesaid facts that accused No.1 was using mobile No.7718287349.
46. Further, as per Ex.P.70, mobile No.7718287349 was used in the mobile phone which has IMEI No.911580802195122. The said mobile phone was seized from the possession of accused No.1 - Dalim Mia. This is one more circumstance to show that accused No.1 - Dalim Mia was using mobile No.7718287349.
47. The prosecution has got marked the order issued by the Ministry of Home Affairs as Ex.P.52. A perusal of Ex.P.52, the Ministry of Home Affairs accorded permission to intercept mobile Nos.7718287349 and 8697438137 for a period of 60 days and disclose the same to the Director General, NIA. Accordingly, the aforesaid number was intercepted and the conversation was recorded. The transcript of the said conversation is produced before this Court and got marked as Ex.P.56 with the consent of accused No.7 - Sariful Islam. It is opposite to extract the relevant portion of the conversation between accused Nos.1 and 2 which reads as follows :-
30Spl.C.No.386/2018 13.02.2018 Sl.No. Time Duration Persons Speech 6 18.26 1.27 Dalim Hallo Kumbar Yes Dalim Where are you? Mama (an old man) had come to my village. He came to meet another person but he called me. I had not gone to meet him, but it is sure that I will catch tomorrow's train.
Please made a recharge of Rs.179/- on my mobile number.
7 18.28 2.32 Dalim Hallo Uncle Kumbar Mama had come?
Dalim Yes, Mama had come in Vadgaon Village to meet another person and he had called me and asked to meet.
Kumbar Had you took material from Mama? Dalim I had gone to meet Mama. He asked me 'as I am leaving tomorrow, I have not material to deliver.' Please recharge in my mobile of Rs.179 (Vodafone) Kumbar I am going to Bangalore. You called me once you reach. I am going for my personal work.
9 20.03 2.19 Dalim Hallo Kumbar I am doing recharge of Rs.179 of Vodafone. Please tell me number Dalim 7718287349 Kumbar I made recharge of Rs.179. Please call me after receiving message.
48. A perusal of the said conversation, accused No.1 - Dalim Mia requested accused No.2 - Ashok Kumbar to recharge his mobile number and he disclosed his mobile number as 7718287349. Accordingly, accused No.2 recharged the said mobile number and got the confirmation from accused No.1. This is one more evidence to show that accused No.1 - Dalim Mia was using mobile No.7718287349.
31Spl.C.No.386/2018
49. A perusal of the aforesaid evidence, mobile number of accused No.1 - Dalim Mia is mentioned as 7718287349 in Ex.P.46, the same Sim card was seized from the possession of accused No.1 - Dalim Mia, mobile phones were seized from accused No.1 - Dalim Mia and the said mobile number is used in one of the mobile phones seized from accused No.1 - Dalim Mia and he disclosed his mobile number to accused No.2 - Ashok Kumbar during the conversation. Further, accused No.1 - Dalim Mia has admitted the guilt in this case and he is convicted and sentenced to imprisonment. Hence, the prosecution has placed sufficient materials before this Court to show that accused No.1 - Dalim Mia was using mobile No.7718287349 and proved the said facts with cogent and convincing evidence.
VIII. REGARDING MOBILE NUMBER OF ACCUSED NO.3 -
RAJENDRA PATIL @ DESAI
50. It is the case of the prosecution that accused No.3 - Rajendra Patil was using mobile No.7090681783. The prosecution has got marked the certificate under Section 65B of the Indian Evidence Act, the customer application form, CDR and Cell ID details as Ex.P.91 to Ex.P.94 respectively with the consent of accused No.7 - Sariful Islam. Hence, the said documents are undisputed documents.
51. A perusal of the customer application form - Ex.P.92, accused No.3 is the subscriber of mobile No.7090681783. Moreover, accused No.3 pleaded guilty before this Court to the charges leveled against him and he is convicted and sentenced to imprisonment. Hence, the prosecution has 32 Spl.C.No.386/2018 proved with cogent and convincing evidence that accused No.3 was using mobile No.7090681783.
IX. REGARDING MOBILE NUMBER OF ACCUSED NO.4 - GANGADHAR KOLKAR @ GANGAPPA KOLAKAR
52. It is the case of the prosecution that accused No.4 - Gangadhar Kolkar was using mobile No.9611294580. In order to prove the said fact, the prosecution has got marked the certificate issued under Section 65B of the Indian Evidence Act, customer application form, CDR and the Cell site address of the mobile No.9611294580 as Ex.P.134 to Ex.P.137 respectively with the consent of accused No.7 - Sariful Islam. Hence, the said documents are undisputed documents.
53. A perusal of the customer application form - Ex.P.135, accused No.4 is the subscriber of the mobile No.9611294580. Moreover, accused No.4 pleaded guilty before this Court to the charges leveled against him and he was convicted and sentenced to imprisonment. Hence, the prosecution has proved with cogent and convincing evidence that accused No.4 was using mobile No.9611294580.
X. REGARDING MOBILE NUMBER OF ACCUSED NO.5 - SHAHNOYAJ KASURI @ SHAHNAWAZ @ SHANU @ KHAN @ ISHAK SHAIKH
54. It is the case of the prosecution that accused No.5 - Shahnoyaj Kasuri was using mobile No.8697438137. In order to prove the said fact, the prosecution has got marked the certificate issued under Section 65B of the Indian Evidence Act, subscriber data record, customer application form, call detail 33 Spl.C.No.386/2018 records, GPRS data, Cell IDs details of mobile No.8697438137 as Ex.P.150 to Ex.P.154 respectively with the consent of accused No.7 - Sariful Islam. It is pertinent to note that accused No.5 - Shahnoyaj Kasuri pleaded guilty before this Court to the charges leveled against him and he was convicted and sentenced to imprisonment. Hence, the said documents are undisputed documents.
55. A perusal of the customer application form - Ex.P.152, the subscriber of the mobile No.8697438137 is Ms. Samirun Bibi. It does not stand in the name of accused No.5. It reveals from Ex.P.152 that the subscriber Ms. Samirun Bibi is the permanent resident of Ali Hayder Road, North 24 Paraganas District, West Bengal State.
56. PW.29 - Sri Niraj Rai has testified before this court that accused No.5 - Shahnoyaj Kasuri was in Kolkata jail in some other case and he submitted an application before this court to issue production warrant against accused No.5 - Shahnoyaj Kasuri. Hence, this court issued production warrant against accused No.5 - Shahnoyaj Kasuri and he was produced before this court under production warrant. Even the order sheet reveals that accused No.5 - Shahnoyaj Kasuri was produced before this court under production warrant issued by this court. Further, it is shown in the charge sheet that accused No.5 - Shahnoyaj Kasuri was in judicial custody in Presidency Correctional Home, Alipore, Kolkata West Bengal. It is evident from the aforesaid facts that accused No.5 - Shahnoyaj Kasuri 34 Spl.C.No.386/2018 was in judicial custody in Presidency Correctional Home, Alipore, Kolkata, West Bengal.
57. It appears from Ex.P.153 - CDR that mobile No.8697438137 was in the same location for the maximum period from 11.01.2018 to 09.04.2018. In the said CDR, Cell ID No.404300013812151 is reflected maximum times. As per Ex.P.155, the details of Cell ID No.404300013812151 is shown as Indian Army, Administration Building, Alipore road, Command hospital, Alipore Kolkata.
58. Further, Cell ID Nos.404300013811782, 404300013814182 and 404300013814183 are reflected maximum times next to Cell ID No.404300013812151 in the said CDR. As per Ex.P.155, the details of Cell ID Nos.404300013814182 and 404300013814183 is shown as Kansaripara road, 50/1, Harish Mukherjee road, Kolkata and the details of Cell ID No.404300013811782 is shown as SSKM_II, Nursing college building, 244/AJC Bose Road, Lala Lajpatrai Sarani, Kolkata.
59. The learned counsel representing the learned Special Public Prosecutor would submit before the court that the said places are located nearby Presidency Correctional Home, Alipore, Kolkata. This court has cross verified the same on google and the said addresses are very near to Presidency Correctional Home, Alipore, Kolkata as submitted by the learned counsel representing the learned Special Public Prosecutor.
35Spl.C.No.386/2018
60. It is pertinent to note that the subscriber of mobile No.8697438137 Ms. Samirun Bibi is not the resident of Alipore, Kolkata district, but she is the resident of North 24 Paraganas District. Accused No.5 - Shahnoyaj Kasuri was lodged in Presidency Correctional Home, Alipore, Kolkata. The tower location of mobile No.8697438137 also shows Alipore and nearby areas. Moreover, accused No.5 - Shahnoyaj Kasuri pleaded guilty and the aforesaid documents are marked with the consent of accused No.7 - Sariful Islam. Hence, it can be safely held that accused No.5 - Shahnoyaj Kasuri was using the said mobile number while he was in jail.
61. Moreover, during the investigation, the Investigating Officer has recorded the statement of Smt Samirun Bibi and she has clearly stated that she was using the mobile No.8697438137 for some time. Later, she stopped using the said number due to broke down of her mobile handset. Further, the Investigating Officer has recorded the statements of the father-in-law of accused No.5 by name Sri Serajul Islam and he has stated before the Investigating Officer that he used to contact accused No.5 on his mobile Nos.8697438137 and 7718464094. The Investigating Officer has also recorded the statement of Smt Shehnaz @ Sahanaj Bibi who is the wife of accused No.5. She has stated before the Investigating Officer that accused No.5 was in judicial custody in some other case and she used to contact him on his mobile Nos.8697438137 and 7718464094. The said witnesses are not examined since accused No.5 pleaded guilty before this Court and the said facts are not brought on record. However, there are other materials to show 36 Spl.C.No.386/2018 that accused No.5 - Shahnoyaj Kasuri was using mobile No. 8697438137.
62. A perusal of the aforesaid facts, the prosecution has placed cogent and convincing evidence to show that accused No.5 was using mobile No.8697438137. This mobile number was intercepted by the NIA with the permission of the Ministry of Home Affairs. Therefore, there are materials to show that accused No.5 was using the mobile No.8697438137 and the prosecution has proved the said fact with cogent and convincing evidence.
XI. REGARDING MOBILE NUMBER OF ACCUSED NO.6 - SHUKURUDDIN SEKH @ SUKRUDDIN ANSARI @ SHUKHRUDDIN
63. It is the case of the prosecution that accused No.6 - Shukruddin Sekh was using mobile Nos.7797668019, 6294267952, 7254844815, 8372065589 and 9734787238.
64. PW.29 - Sri Niraj Rai has testified that on 27.10.2018, accused No.6 - Shukruddin Sekh was apprehended at Farakka, Kolkata and he was arrested on the same day. He has further testified that he seized one Samsung duos mobile phone and one Redmi mobile phone with SIM cards under a mahajar in the presence of BSF staffs Sri. Nirmal Prem Soreng and Sri. Markani B during the personal search. The prosecution has got marked the personal search memo as Ex.P.116 with the consent of accused No.7 - Sariful Islam.
37Spl.C.No.386/2018
65. A perusal of Ex.116, PW.29 seized a Samsung mobile phone with one Sim card bearing mobile No.7797668019 and one Redmi mobile with with two Sim cards bearing mobile Nos.6294267952 and 7254844815. It is pertinent to note that accused No.6 - Shukruddin Sekh has pleaded guilty to the charges leveled against him and he is convicted and sentenced to imprisonment. The said document is marked with the consent of accused No.7 - Sariful Islam.
66. In addition to the said evidence, the prosecution has got marked the Customer Application Form of the subscriber of mobile No.6294267952 as Ex.P.177. A perusal of the said document, accused No.6 - Shukruddin Sekh is the subscriber of mobile No.6294267952. Further, accused No.6 - Shukruddin Sekh has given his alternate mobile number as 8372065589 in the said Customer Application Form.
67. A perusal of the aforesaid evidence, the prosecution has placed materials before this court to show that accused No.6- Shukruddin Sekh was using mobile Nos.7797668019, 6294267952, 7254844815 and 8372065589 and proved the said facts with cogent and convincing evidence, but the prosecution has not placed any evidence to show that accused No.6 - Shukruddin Sekh was using mobile No.9734787238.
XII. REGARDING MOBILE NUMBERS OF ACCUSED NO.7 -
SARIFUL ISLAM
68. It is the contention of the prosecution that accused No.7 was using the mobile Nos.6294831148, 9732354806, 8436370584, 9647294480 and 7432924372.
38Spl.C.No.386/2018 XII(A). REGARDING MOBILE NUMBERS 9732354806 AND 9647294480
69. PW.33 - Sri Shashikanth Singh has testified that the Chief Investigation Officer (for short 'CIO') of this case had instructed the In-Charge of Intelligence and Operation Section to collect the CDRs of certain mobile numbers from the concerned Nodal Officers. Accordingly, the In-Charge of Intelligence and Operation Section collected the CDRs of certain mobile numbers on behalf of the CIO of this case. He has further testified that in the month of December 2023, he received a letter from the Superintendent of Police, NIA, Bengaluru to furnish CDRs of three mobile numbers which were collected by Intelligence and Operation Section. Therefore, he downloaded the copies of the said CDRs along with CAFs and copied the same into a CD. He took the print out of the CAFs and CDRs and furnished the soft copy and hard copies of CAFs and CDRs to the S.P., NIA, Bengaluru along with a certificate under section 65B of the Indian Evidence Act. The prosecution has got marked the CAF of the subscriber of mobile No.9732354806 as Ex.P.239 and the CDR of the said mobile number as Ex.P.240. Though this witness is cross examined by accused No.7 - Sariful Islam, nothing is elicited that the said CAF and CDR are fabricated.
70. Further, it is pertinent to note that Aadhar number of the subscriber is mentioned as 7151 9066 4694 in Ex.P.239 - CAF. PW.27 - Sri Abhijith Bala seized the Aadhar card of accused No.7 - Sariful Islam from his house which was produced by the father of accused No.7 and accused No.7 has also admitted the said fact during recording his statement under 39 Spl.C.No.386/2018 section 313 of Cr.P.C. The same Aadhar number found in the Aadhar card of accused No.7 is mentioned in Ex.P.239 - CAF. Hence, the prosecution has proved with cogent and convincing evidence that accused No.7 - Sariful Islam was using mobile No.9732354806.
71. Further, a perusal of Ex.P.239, accused No.7 - Sariful Islam has disclosed his alternate contact number as 9647294480. It clearly indicates that accused No.7 himself declared that his alternate contact number is 9647294480. This fact has not been disputed during the cross-examination of PW.33 - Sri Shashikanth Singh. Hence, accused No.7 indirectly admitted that mobile No.8436370584 also belonged to him. Therefore, the prosecution has proved before the Court that accused No.7 was also using mobile No 9647294480 with cogent and convincing evidence.
XII(B). REGARDING MOBILE NUMBERS 6294831148 AND 8436370584
72. PW.16 - Sri Rakesh Chandra Prajapathi has testified that on 16.11.2018, the NIA police sent a notice to furnish CDR and CAF documents of mobile No.6294831148. Accordingly, he furnished the CAF documents, the CDR for the period from 10.02.2018 to 14.11.2018 and the Cell ID details of Mobile No.6294831148 under his covering letter on 20.11.2018 along with the certificate under Section 65B of the Indian Evidence Act to the NIA Police. The prosecution has got marked the covering letter as Ex.P.180, the CAF details as Ex.P.181, the CDR of Mobile No.6294831148 for the period from 10.02.2018 to 40 Spl.C.No.386/2018 14.11.2018 as Ex.P.182, the Cell ID address details of Mobile No.6294831148 as Ex.P.183 and the certificate issued under Section 65B of The Indian Evidence Act by PW.16 as Ex.P.184.
73. A perusal of the aforesaid oral as well as the documentary evidence placed before this Court, Ex.P.181 discloses that accused No.7 - Sariful Islam is the subscriber of mobile No.6294831148. During the cross-examination of PW.16, accused No.7 has elicited nothing contrary to the evidence of PW.16. Moreover, the address mentioned in Ex.P.181 and the address found in the Aadhar card of accused No.7 - Sariful Islam are one and the same and the photographs found in both documents are one and the same. Hence, the prosecution has proved beyond reasonable doubt with cogent and convincing evidence that accused No.7 - Sariful Islam is the subscriber of the mobile No.6294831148 and he was using the said mobile number.
74. Further, a perusal of Ex.P.181, accused No.7 - Sariful Islam has disclosed his alternate contact number as 8436370584. This fact has not been disputed during the cross- examination of PW.16 - Sri Rakesh Chandra Prajapathi. Hence, accused No.7 indirectly admitted that mobile No.8436370584 also belonged to him. Therefore, the prosecution has proved before the Court that accused No.7 was also using the mobile No.8436370584 with cogent and convincing evidence.
XII(C). REGARDING MOBILE NUMBER 7432924372
75. PW.18 - Sri Changdeo Haribhau Godse has testified that on 16.11.2018, he received a notice from NIA to provide 41 Spl.C.No.386/2018 customer application forms, subscriber details, call data records and tower location address in respect of mobile Nos.7407516098 and 7432924372 for the period from 01.11.2017 to 16.11.2018. Accordingly, he provided those particulars on 19.11.2018 along with covering letter and the certificate under Section 65B of the Indian Evidence Act. The prosecution has got marked the covering letter issued by PW.18 as Ex.P.198, the customer application form of mobile No.7432924372 as Ex.P.203, the copy of the voter ID card of Sri Bablu Sekh as Ex.P.204, the subscriber data record of the said mobile number as Ex.P.205, the CDR of the said number as Ex.P.206, the Cell ID address of the said number as Ex.P.209 and the certificate issued by PW.18 as per Ex.P.210.
76. Ex.P.203 reveals that one Bablu Sekh is the subscriber of mobile No.7432924372 and it does not stand in the name of accused No.7. Hence, the prosecution has to adduce evidence to prove that accused Mo.7 - Sariful Islam was using the said number.
77. PW.28 - Sri Arun More has testified that the Investigating Officer of this case handed over the CAF and KYC documents of the mobile number which ends with the number 4372 and instructed him to cross verify the said CAF and KYC documents belonged to accused No.7. Accordingly, he visited Hariharpur Police station on 01.09.2021. He also visited Parasaripur Village as mentioned in KYC documents along with the local Police by name Sri Mandal. He met Sri Bablu Sekh and his brother in the said village. He enquired them about the said 42 Spl.C.No.386/2018 mobile number ends with the number 4372. They told that they never used the said mobile number and the photo and the signature found on the CAF and KYC document do not belong to Sri Bablu Sekh. It was further informed by the said Sri Bablu Sekh that he does not affix his signature but he affix his thumb impression on any document. He has further testified that he collected the original as well as photocopy of the election ID card of Sri Bablu Sekh. He returned the original and collected the photocopy of the election ID card of Sri Bablu Sheik and obtained his thumb impression of Sri Bablu Sekh and the signature of brother of Sri Bablu Sheik on the ID card. In this regard, he submitted a report to the CIO. The prosecution has got marked the said document as Ex.P.224 and photo copy of the election ID card of the said Sri Bablu Sheik as Ex.P.225.
78. A perusal of Ex.P.203 - CAF, Ex.P.204 - election ID card submitted at the time of purchasing the Sim Card and Ex.P.225 - the election ID card collected by PW.28 - Sri Arun More from Sri Bablu Sekh, the photographs found in Ex.P.204 and Ex.P.225 are of different persons. This clearly indicates that Sri Bablu Sekh is not the actual subscriber of mobile No.7432924372.
79. A perusal of the CDR of mobile No.7432924372 - Ex.P.206, many calls were made from this mobile number to the mobile numbers of the co-accused persons. He made calls to accused No.1, 2, 5 and 6 many times from this number. This is one of the circumstances to show that accused No.7 - Sariful Islam was using mobile No.7432924372.
43Spl.C.No.386/2018
80. The learned counsel representing the learned Special Public Prosecutor argued before the Court that accused No.7 used single mobile number in multiple devices. He pointed out that mobile No.9732354806 was used in four devices and mobile No.6294831148 is used in two devices. He further argued that accused No.7 used mobile No.7432924372 in all the devices in which mobile Nos.9732354806, 6294831148 and 8436370584 are used.
81. As discussed supra, accused No.7 - Sariful Islam is the subscriber of mobile Nos.9732354806 and 6294831148. This Court has cross verified the submissions made by the learned counsel representing the learned Special Public Prosecutor in the CDRs of the aforesaid mobile numbers and the details found in the CDRs are as follows;
Sl. Mobile Number IMEI Numbers Period No. 1 911437007152210 01.05.2017 to 29.11.2017 2 911557501828960 08.02.2018 to 14.03.2018 9732354806 3 911557501828970 21.12.2017 to 08.02.2018 4 357708089662680 24.03.2018 Sl. Mobile Number IMEI Numbers Period No. 1 865398034004624 14.02.2018 2 6294831148 867871031084102 10.02.2018 to 13.02.2018 and 15.02.2018 to 14.11.2018 Sl. Mobile Number IMEI Numbers Period No. 1 352971072451000 17.12.2017 to 04.02.2018 5 911557501828960 01.11.2017 to 17.12.2017 7432924372 6 353629095724700 05.03.2018 to 28.03.2018 and 10.02.2018 to 20.05.2018 44 Spl.C.No.386/2018
82. It is evident from the above chart that accused No.7- Sariful Islam used mobile No.9732354806 in a device bearing IMEI No.911557501828960 from 08.02.2018 to 14.03.2018. He used mobile No.7432924372 in the same device from 01.11.2017 to 17.12.2017. The aforesaid facts clearly indicate that accused No.7 - Sariful Islam was using mobile number 7432924372 though the CAF stands in the name of Sri Bablu Sheik.
83. In this regard, it is the next contention of the prosecution that mobile No. 8792598158 was legally intercepted by the NIA with the permission of Ministry of Home Affairs, Government of India and recorded the conversation of this number. The Investigating Officer has collected the recorded audio files of the said conversation and has also recorded the voice sample of accused No.7 - Sariful Islam @ Sarifulla @ Sharifuddin. He sent the disputed voice and sample voice of accused No.7 to FSL, Bengaluru for comparison and the expert has given opinion that the respective speeches found recorded in the disputed and the sample audio files are similar. This court proceeds to examine the said facts whether the voice found in the audio files of intercepted voice calls and sample voice are one and the same.
XII(C)(A). COLLECTION OF THE VOICE SAMPLE OF ACCUSED NO.7 - SARIFUL ISLAM @ SARIFULLA @ SHARIFUDDIN
84. PW.22 - Sri R.A. Rajpurohit has testified that accused No.7 was remanded to police custody for seven days on the application filed by him. During the police custody, he 45 Spl.C.No.386/2018 recorded the voice sample of accused No.7 in the presence of a Scientific Officer, FSL, Bengaluru by name Dr. Chathurmukha V.S. and an independent witness by name Sri. R.S. Sharma. In this regard, he prepared a mahazar on 29.06.2021 between 03.15 p.m. and 04.30 p.m. as per Ex.P.217.
85. PW.25 - Dr. Chathurmukha V.S. has testified that on 29.06.2021, the NIA Police sent a request letter to their office seeking technical assistance to record the voice sample of accused No.7 - Sariful Islam. Accordingly, he was deputed for the said purpose. On the same day, PW.22 - Sri R.A. Rajpurohit brought accused No.7 - Sariful Islam to their office to record the voice sample of accused No.7. He assisted PW.22 while recording the voice sample of accused No.7. At the time of recording voice sample of accused No.7, Sri. R.S. Sharma was also present. He has further testified that PW.22 gave him a sterile micro SD card to save the recorded sample voice of accused No.7. He inserted the said SD card into a Sony company voice recorder and recorded the voice sample of accused No.7. He has further testified that accused No.7 was unable to read or write. PW.22 initially uttered the transcribed words and accused No.7 gave the sample voice by pursuing the same. This process was repeated thrice. In this regard, a mahajar was drawn as per Ex.P.217.
86. The prosecution has got marked Ex.P.217 in support of its case. A perusal of the said document, on 29.06.2021, PW.22 took accused No.7 to FSL, Madiwala, Bengaluru along with the independent witness namely Sri R.S. 46 Spl.C.No.386/2018 Sharma and PW.25 - Dr. Chathurmukha V.S. recorded the voice sample of accused No.7 using a Sony company voice recorder by inserting a new 16GB SD Card of Sandisc company. The voice sample of accused No.7 was recorded thrice by the Scientific Officer.
87. A perusal of the aforesaid evidence adduced by the prosecution, PW.22 has clearly testified that he took accused No.7 to FSL, Madiwala, Bengaluru for the purpose of recording voice sample of accused No.7. PW.25 - Dr. Chathurmukha V.S. recorded the voice sample of accused No.7 using a Sony Company voice recorder and a new SD card. In this regard, Ex.P.217 was prepared at the premises of FSL, Madiwala, Bengaluru. During the cross-examination of PW.22 and PW.25, nothing has been elicited from their month contrary to their testimony.
88. In addition to the said evidence, during recording the statement as required under section 313 of Cr.P.C., accused No.7 - Sariful Islam has admitted that PW.22 took him to FSL, Bengaluru and his voice sample was recorded in the said laboratory. But it is the only contention of accused No.7 that he was beaten and directed to say what PW.22 said. In this regard, accused No.7 has not elicited anything from the mouth of PW.22 and PW.25 during the cross-examination. Hence, the prosecution has proved the aforesaid facts with cogent and convincing evidence beyond reasonable doubt.
47Spl.C.No.386/2018 XII(C)(B). REGARDING COLLECTION OF RECORDINGS OF LAWFUL INTERCEPTION CALLS OF ACCUSED NO.2 ASHOK KUMBAR AND ACCUSED NO.7 - SARIFUL ISLAM @ SARIFULLA
89. The prosecution has got marked the order issued by the Ministry of Home affairs for interception of mobile number 8792598158 used by accused No.2 from 10.03.2018 onwards for a week as Ex.P.53 with the consent of accused No.7 - Sariful Islam. As per the said order, the above mobile number was intercepted. As discussed supra, accused No.2 has pleaded guilty to the charges leveled against him and he is convicted and sentenced to imprisonment for the charges leveled against him. Hence, there is no dispute that accused No.2 used the above said mobile number and it was legally intercepted with the permission of Ministry of Home affairs.
90. It appears from Ex.P.82 that there are calls between mobile No.8792598158 and mobile No.7432924372 on 11.03.2018 and 12.03.2018.
91. PW.30 - Sri. Ajay Kumar Dashrath Kadam has testified that on 30.08.2021, he sent a letter to the Intelligence and Operation Branch, NIA, Mumbai to provide recordings of lawful interception calls of mobile No.7432924372 which belongs to accused No.7 - Sariful Islam. He has further testified that on 09.09.2021, he collected the recorded lawful interception data of mobile No.879259158 which belongs to accused No.2 - Ashok Kumbar and mobile No.7432924372 which belongs to accused No.7 - Sariful Islam in a CD along with a certificate under Section 48 Spl.C.No.386/2018 65B of The Indian Evidence Act from Intelligence and Operation Branch, NIA, Mumbai.
92. PW.31 - Sri Jayaram Bishnoi has testified that in August, 2021, he received a notice from the Chief Investigation Officer of this case to furnish voice audio files of mobile number ending with the number 58. Accordingly, he provided the audio files of the said mobile number in a CD along with a certificate under Section 65B of The Indian Evidence Act. All the audio files were kept in a system provided to him and he was the custodian of the said system. The prosecution has got marked the CD provided by PW.31 as Ex.P.220.
93. A perusal of the aforesaid evidence, permission was given for interception of calls of mobile No.8792598158 by the Ministry of Home Affairs and the same was intercepted. There are calls between mobile No.8792598158 and mobile No.7432924372 on 11.03.2018 and 12.03.2018. PW.30 has clearly testified that he sent a notice to furnish the recordings of legally intercepted calls and PW.31 has clearly testified that he provided the voice audio files of mobile number ending with the number 58 in a CD. During the cross-examination, accused No.7 has not disputed the testimony of PW.30 and he has not elicited anything contrary to the testimony of PW.30. Even he has elicited nothing contrary to the testimony of PW.31. Even during the arguments, the learned counsel for accused No.7 did not point out anything to disbelieve the evidence adduced by the prosecution. Hence, the prosecution has proved the said facts with cogent and convincing evidence beyond reasonable doubt.
49Spl.C.No.386/2018 XII(C)(C). REGARDING THE OPINION OF THE EXPERT ON THE DISPUTED VOICE AND THE VOICE SAMPLE OF ACCUSED NO.7 - SARIFUL ISLAM @ SARIFULLA
94. PW.30 - Sri. Ajay Kumar Dashrath Kadam has testified that on 09.09.2021, he sent the questioned voice containing in a CD and sample voice of accused No.7 - Sariful Islam recorded by PW.22 - Sri Rajpurohit to FSL, Bengaluru through SP, NIA, Mumbai for comparison of voice sample of accused No.2 and accused No.7 along with a request letter which is marked as Ex.P.226. On 13.09.2021, he received an acknowledgment from FSL, Bengaluru which is marked as Ex.P.227.
95. PW.25 - Dr. Chathurmukha V.S. has testified that on 13.09.2021, FSL, Bengaluru received two sealed articles through Sri. Arun More, P.C.9712, NIA, Mumbai and the same was registered with Section as FSL/AVFS/437/2021. On the same day, the Section Head received the said two sealed articles and the same was in the custody of the Section Head until 03.08.2022. On 03.08.2022, the Section Head allotted this case to him for analysis along with two sealed articles. When he received those two articles, the seals were intact and tallied with the sample seal. He has further testified that when he opened a sealed brown paper packet, it contained one HP CD-R bearing No.B3127XF29013198LH which is said to contain audio file having conversation between accused No.7 - Sariful Islam and accused No.2 - Ashok Kumbar. He marked the said article as D1 for the purpose of identification. When he opened a sealed cloth brown paper packet, it contained one Sandisc micro SD card of 50 Spl.C.No.386/2018 16GB capacity bearing No.0045ZVZHN23V which is said to contain sample voice of accused No.7 - Sariful Islam. He marked the said article as D2 for the purpose of identification. He has further testified that the said articles were subjected to forensic acquisition using Access Data, FTK Imager 4.5.0.3 and the digital data were analyzed using forensic software FTK 7.4 and Multi speech Ver.4.0.0. The digital data present in D1 and D2 were carefully, thoroughly, forensically looked for the audio files and speaker comparison. The audio files having audio conversation/sample speeches found in D1 and D2 were converted to wave file format using Freemake Audio Converter Software version 1.1.9. Then the digital speech signals were analyzed using forensic software Multi speech version 4.0.0. The speech samples were sampled at 8Khz. He used the Perception/Aural method and Voice feature extraction method for speaker identification and comparison. After analysis of the questioned and sample voice, he has given the opinion that the respective speeches said to be of male speaker accused No.7 - Sariful Islam found recorded in the audio files of D1 and the sample speeches found recorded in the audio files of D2 are similar. In this regard, he issued a report and forwarded the same to the NIA.
96. Further, accused No.7 - Sariful Islam has examined DW.1 - Sri Sukruddin, who is none other than accused No.6 in this case, in support of his defence. During the cross- examination, DW.1 has testified that he does not know that accused No.7 was using mobile No.7432924372, but the mobile number of accused No.7 ends with the number either 72 or 73.
51Spl.C.No.386/2018 The mobile number of accused No.7 ends with the number 72 and the evidence of DW.1 corroborates the case of the prosecution.
97. A perusal of the aforesaid evidence, accused No.7 - Sariful Islam used mobile No.7432924372 to contact the co- accused persons, he used the same mobile number in different devices, the expert has given the opinion that the respective speeches found in the disputed audio files and the sample audio files are similar and DW.1 - Sri Shukruddin Sheik has testified that the mobile number of accused No.7 ends with the number
72. The aforesaid evidence clearly indicates that accused No.7 - Sariful Islam was using mobile No.7432924372 and the prosecution has proved the said facts beyond reasonable doubt with cogent and convincing evidence.
98. The learned counsel for accused No.7 would submit that mobile phone and Sim Cards are not seized from the possession of accused No.7 at the time of his arrest. Even during the house search of accused No.7, the police did not seize any mobile phones or Sim cards. The prosecution has not paced any materials before this court to show that accused No.7 was using any mobile number.
99. It is true that mobile phones and Sim cards were not seized from the possession of accused No.7 at the time of his arrest or from his house during the house search as submitted by the learned counsel for accused No.7. It is pertinent to note that accused No.1 - Dalim Mia was arrested on 12.03.2018, 52 Spl.C.No.386/2018 accused No.2 - Ashok Kumbar was arrested on 13.03.2018, accused No.5 was secured before this court on production warrant on 12.09.2018 and accused No.6 was arrested on 30.10.2018. But accused No.7 was arrested on 20.06.02021 after lapse of three years from the date of arrest of accused No.1. The CDR produced before this court clearly indicates that accused No.7 was in touch with accused No.6 even after arrest of accused No.1 and 2. Hence, accused No.7 had knowledge about this case. He must have caused disappearance of mobile phones and Sim cards. Hence, this court cannot come to the conclusion that accused No.7 was not using any mobile number merely because no mobile phone and Sim card were seized from him. The prosecution has produced sufficient materials to prove that accused No.7 was using four mobile numbers and this court has discussed the said facts in detail. Hence, this court does not find any merits in the submission of the learned counsel for accused No.7 XIII. REGARDING BANK ACCOUNT OF ACCUSED NO.7 -
SARIFUL ISLAM
100. It is the case of the prosecution that accused No.7 had savings bank account bearing No.35650719231 at Borokamath Branch, Malda District of West Bengal. In this regard, PW.30 - Sri Ajay Kumar Dashrath Kadam has testified that on 02.08.2021, he sent request letters to the Managers, State Bank of India, Borokamath Branch and SBI, Dakbangalow Branch to furnish the account details of accused No.7 - Sariful Islam. The prosecution has got marked the said letter as Ex.P.228. He has further testified that on 26.08.2021, he 53 Spl.C.No.386/2018 received an account opening form, KYC documents and statement of account of the account bearing No.35650719231 along with a certificate under Section 2A of Bankers' Books Evidence Act and case papers relating to FIR No.661/2016.
101. PW.17 - Sri Sanjay Chowdhary has testified that he received a mail from NIA, Mumbai to furnish the account opening form, KYC documents, statement of account in respect of account bearing No.35650719231 belongs to accused No.7 - Sariful Islam. Accordingly, he provided a document which contains the account number and the name and address of the account holder, the bank statement from 01.01.2016 to 09.08.2021, attested copy of the charge-sheet along with FIR No.661/2016 and the attested copy of FIR along with a certificate. The prosecution has got marked the document which contains the account bearing No.35650719231 and the name and address of the account holder as Ex.P.186, the statement of account from 01.01.2016 to 09.08.2021 as Ex.P.185, the attested copy of the charge-sheet as Ex.P.189 and the attested copy of the FIR as Ex.P.188 and the certificate as Ex.P.187. A perusal of Ex.P185, accused No.7 - Sariful Islam is the holder of account bearing No.35650719231.
102. PW.27 - Sri Abhijith Bala has testified that he visited the house of accused No.7 - Sariful Islam. The father of accused No.7 by name Sri Abu Bakkar Siddik produced the original Aadhar card, three original passbooks of SBI pertaining to accused No.7 and his wife in respect of three different accounts, photocopy of the family ration card and the photocopy of ration 54 Spl.C.No.386/2018 card of accused No.7. He seized those articles under the production cum seizure memo. The prosecution has got marked the said production cum seizure memo as Ex.P.212. A perusal of the passbook marked as Ex.P.215, the account bearing No.35650719231 stands in the name of accused No.7 - Sariful Islam.
103. A perusal of the evidence adduced by the prosecution, PW.30 - Sri Ajay Kumar Dashrath Kadam has clearly testified that he sent a notice to the bank manager to furnish the account details of accused No.7 - Sariful Islam. PW.17 - Sri Sanjay Chowdhary has clearly testified that he provided the account details and statement of account in respect of account bearing No.35650719231 at the request of PW.30. PW.27 - Sri Abhijith Bala has testified that he seized the bank passbook of accused No.7 from the house of accused No.7. The photograph of accused No.7 - Sariful Islam is also affixed in Ex.P.215. It is evident from the aforesaid evidence that accused No.7 - Sariful Islam is the holder of the savings bank account bearing No.35650719231.
104. In addition to the said evidence, accused No.7 has admitted during recording his statement as required under section 313 of Cr.P.C. that PW.27 - Sri Abhijith Bala visited his house and seized the passbooks and other documents including the passbook pertaining to the account bearing No.35650719231 in the presence of witnesses. He has also admitted that the account bearing No.35650719231 belongs to him and he allowed accused No.6 Shukruddin Sheik to operate the said 55 Spl.C.No.386/2018 account. Further, accused No.7 has got examined one witness Sri Shukruddin who is accused No.6 in this case as DW.1. DW.1 has testified that he was using the account of accused No.7 - Sariful Islam. Thus, accused No.7 has admitted that the account bearing No.35650719231 belongs to him. Even the prosecution has produced sufficient materials to show that the savings bank account bearing No.35650719231 belongs to accused No.7 - Sariful Islam and proved the said fact beyond reasonable doubt with cogent and convincing evidence.
105. A careful perusal of the aforesaid evidence, the prosecution has proved the following facts beyond reasonable doubt;
One Itel mobile with 8 GB Sandisc memory card and two SIM cards, one Ziox mobile phone, one Tork mobile phone and cash of Rs.5,053/-, three train tickets, Aadhar card, voter card, two electronic reservation slips and Punjab National Bank Deposit Slips were seized from accused No.1 - Dalim Mia.
41 FICNs of Rs.2000 denomination, one 100 pages notebook which contains particulars of transactions, Karnataka Bank pay in slip book and 63 receipts for having deposited the amount at SBI cash deposit machine were seized in the house of accused No.2 - Ashok Kumar. One MI Note-4 mobile phone with Tata Docomo Sim card, one Samsung mobile phone with Airtel Sim card, one chocolate colour pocket diary and one blue colour pocket diary were seized from the possession of accused No.2 - Ashok Kumar.
One Itel mobile phone with Vodafone and Idea Sim cards and memory card were seized from the possession of accused No.3 - Rajendra Patil.
56Spl.C.No.386/2018 41 notes of Rs.2,000/- denomination seized from the house of accused No.2 - Ashok Kumbar are FICNs. The handwriting found in the 100 pages notebook and the blue colour pocket diary is written by accused No.2 - Ashok Kumbar.
Accused No.2 - Ashok Kumbar was using mobile No.8792598158.
Accused No.1 - Dalim Mia was using mobile No.7718287349.
Accused No.3 - Rajendra Patil was using mobile No.7090681783.
Accused No.4 - Gangadhar Kolkar was using mobile No.9611294580.
Accused No.5 - Shahnoyaj Kasuri was using mobile No.8697438137.
Accused No.6 - Shukruddin Sekh was using mobile Nos.7797668019, 6294267952, 7254844815 and 8372065589.
Accused No.7 - Sariful Islam was using mobile Nos.9732354806, 9647294480, 6294831148 and 7432924372 Accused No.7 - Sariful Islam is the holder of the account bearing No.35650719231.
Keeping in mind the aforesaid proved facts, this court proceeds to examine whether the prosecution has proved the charges leveled against accused No.7 - Sariful Islam beyond reasonable doubt.
106. It is the allegations of the prosecution that accused No.7 - Sariful Islam is a close associate of accused No.5 - Shahnoyaj Kasuri and accused No.6 - Shukruddin Sekh and 57 Spl.C.No.386/2018 they criminally conspired to traffic and circulate FICNs in different parts of India and thereby committed the offence punishable under Section 120B of IPC.
107. Before proceeding directly to appreciate the evidence adduced by the prosecution, it is proper to take note of the meaning of criminal conspiracy. Section 120A of IPC reads as follows :-
"120A.. Definition of criminal conspiracy - When two or more persons agree to do, or cause to be done:
1. an illegal act, or
2. an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy;
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof."
108. A plain reading of the said section, the prosecution has to satisfy the following ingredients to bring accused No.7 within the ambit of this section;
a) there must be two or more persons,
b) there must be an agreement between such persons,
c) such agreement is to do or cause to be done an illegal act, or
d) such agreement is to do a legal act by illegal means.
109. It is well settled legal position of law that in the case of conspiracy, there cannot be any direct evidence. The essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both, and direct evidence to 58 Spl.C.No.386/2018 prove conspiracy is rarely available. Therefore, the circumstances proved before, during and after the occurrence have to be considered to decide about the complicity of the accused. In this regard, this court has placed reliance on the decision of the Hon'ble Apex Court in Mohd. Khalid Vs. State of West Bengal, Appeal (Crl.) 1114/2001, (2002) 7 SCC 334. In this decision, the Hon'ble Apex Court has laid down at paras 17, 18 and 23 as follows;
"17. It would be appropriate to deal with the question of conspiracy. Section 120B of IPC is the provision which provides for punishment for criminal conspiracy. Definition of 'criminal conspiracy' given in Section 120A reads as follows:
"120A-When two or more persons agree to do, or cause to be done,- (1) all illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy;
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.' The elements of a criminal conspiracy have been stated to be: (a) an object to be accomplished, (b) a plan or scheme embodying means to accomplish that object, (c) an agreement or understanding between two or more of the accused persons whereby, they become definitely committed to co-operate for the accomplishment of the object by the means embodied in the agreement, or by any effectual means, (d) in the jurisdiction where the statute required an overt act. The essence of a criminal conspiracy is the unlawful combination and ordinarily the offence is complete when the combination is framed. From this, it necessarily follows that unless the statute so requires, no overt act need be done in furtherance of the conspiracy, and that the object of the combination need not be accomplished, in order to constitute an indictable offence. Law making conspiracy a crime, is designed to curb immoderate power to do mischief which is gained by a combination of the means. The encouragement and support which co-conspirators give to one another rendering enterprises possible which, if left to individual effort, would have been impossible, furnish the ground for visiting conspirators and abettors with condign punishment. The conspiracy is held to be continued and renewed as to all its members wherever and whenever any member of the conspiracy acts in furtherance of the common design. (See: American Jurisprudence Vol. II Sec. 23, p. 559). For an offence punishable under section 120-B, prosecution need not necessarily prove that the perpetrators expressly agree to do or cause 59 Spl.C.No.386/2018 to be done illegal act; the agreement may be proved by necessary implication. Offence of criminal conspiracy has its foundation in an agreement to commit an offence. A conspiracy consists not merely in the intention of two or more, but in the agreement of two or more to do an unlawful act by unlawful means. So long as such a design rests in intention only, it is not indictable. When two agree to carry it into effect, the very plot is an act in itself, and an act of each of the parties, promise against promise, actus contra actum, capable of being enforced, if lawful, punishable if for a criminal object or for use of criminal means.
18. No doubt in the case of conspiracy there cannot be any direct evidence. The ingredients of offence are that there should be an agreement between persons who are alleged to conspire and the said agreement should be for doing an illegal act or for doing illegal means an act which itself may not be illegal, Therefore, the essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both, and it is a matter of common experience that direct evidence to prove conspiracy is rarely available. Therefore, the circumstances proved before, during and after the occurrence have to be considered to decide about the complicity of the accused.
* * * * *
23. As noted above, the essential ingredient of the offence of criminal conspiracy is the agreement to commit an offence. In a case where the agreement is for accomplishment of an act which by itself constitutes an offence, then in that event no overt act is necessary to be proved by the prosecution because in such a situation, criminal conspiracy is established by proving such an agreement. Where the conspiracy alleged is with regard to commission of a serious crime of the nature as contemplated in Section 120B read with the proviso to sub-section (2) of Section 120A, then in that event mere proof of an agreement between the accused for commission of such a crime alone is enough to bring about a conviction under Section 120B and the proof of any overt act by the accused or by any one of them would not be necessary. The provisions, in such a situation, do not require that each and every person who is party to the conspiracy must do some overt act towards the fulfilment of the object of conspiracy, to commit the essential ingredient being an agreement between the conspirators to commit the crime and if these requirements and ingredients are established, the act would fall within the trapping of the provisions contained in section 120B [See: S.C. Bahri v. State of Bihar, AIR (1994) SC 2420."
110. In this regard, the learned counsel representing the learned Special Public Prosecutor has also placed reliance on the decision of the Hon'ble Apex Court in Gulam Sarbar Vs. 60 Spl.C.No.386/2018 State of Bihar (Now Jharkhand), (2014) 3 SCC 401. In this decision, the Hon'ble Apex Court has reiterated the same principles at para 11 which reads as follows;
"11. The essential ingredients of Criminal Conspiracy are ;
(i) an agreement between two or more persons;
(ii) agreement must relate to doing or causing to be done either
(a) an illegal act; or
(b) an act which is not illegal in itself but is done by illegal means.
What is, therefore, necessary is to show meeting of minds of two or more persons for doing or causing to be done an illegal act or an act by illegal means. Mere knowledge or discussion or generation of a crime in the mind of the accused, is not sufficient to constitute an offence. The offence takes place with the meeting of minds even if nothing further is done. It is an offence independent of other offences and punishable separately. Thus, the prosecution is required to establish the offence by applying the same legal principles which are otherwise applicable for the purpose of proving criminal misconduct on the part of an accused. Criminal conspiracy is generally hatched in secrecy thus direct evidence is difficult to obtain or access. The offence can be proved by adducing circumstantial evidence or by necessary implication. Meeting of minds to form a criminal conspiracy has to be proved by adducing substantive evidence in cases where circumstantial evidence is incomplete or vague. The gist of the offence of conspiracy then lies, not in doing the act, or effecting the purpose for which the conspiracy is formed, nor in attempting to do them between the parties. Agreement is essential. (Vide: Kehar Singh & Ors. v. State (Delhi Admn.), AIR 1988 SC 1883; State (NCT of Delhi) v. Navjot Sandhu @ Afsan Guru, AIR 2005 SC 3820; Mir Nagvi Askari v. CBI, AIR 2010 SC 528; Baldev Singh v. State of Punjab, (2009) 6 SCC 564; State of M.P. v. Sheela Sahai & Ors.,., (2009) 8 SCC 617; R. Venkatkrishnan v. CBI, AIR 2010 SC 1812; and S. Arul Raja v. State of T.N., (2010) 8 SCC 233)."
111. Keeping in mind the aforesaid statutory provision and the salutary principles laid down by the Hon'ble Apex Court, this court proceeds to examine whether the prosecution has proved the ingredients of the offence of criminal conspiracy.
112. As discussed supra, accused No.1 - Dalim Mia was using mobile No.7718287349, accused No.2 - Ashok Kumbar 61 Spl.C.No.386/2018 was using mobile No.8792598158, accused No.3 - Rajendra Patil was using mobile No.7090681783, accused No.4 - Gangadhar Kolkar was using mobile No.9611294580, accused No.5 - Shahnoyaj Kasuri was using mobile No.8697438137, accused No.6 - Shukruddin Sheik was using mobile Nos.7797668019, 6294267952 and 7254844815 and accused No.7 - Sariful Islam was using mobile Nos.9732354806, 6294831148, 8436370584 and 7432924372. The prosecution has produced the CDRs of the aforesaid mobile numbers to prove that all the accused persons were in touch with each other during the commission of the crime.
113. As discussed supra, accused No.1 - Dalim Mia was arrested on 12.03.2018 at the Nippani bus stand. It reveals from Ex.P.206 - the CDR of mobile No.7432924372 which belongs to accused No.7 - Sariful Islam that accused No.7 - Sariful Islam made two calls to accused No.1 on 19.02.2018, he made a call to accused No.1 on 01.03.2018, he made a call to accused No.1 on 06.03.2018 and he made a call to accused No.1 on 10.03.2018. The aforesaid details clearly indicate that accused No.7 - Sariful Islam was in touch with accused No.1 - Dalim Mia from 19.02.2018 to 10.03.2018. During the said period, accused No.1 - Dalim Mia collected FICNs in West Bengal, trafficked the FICNs to Bengaluru and handed over the same to accused No.2- Ashok Kumbar.
114. As discussed supra, FICNs were seized in the house of accused No.2 - Ashok Kumbar as disclosed by accused No.1 - Dalim Mia. It appears from the same CDR i.e., 62 Spl.C.No.386/2018 Ex.P.206 that accused No.7 - Sariful Islam made a call to accused No.2 on 25.02.2018, he made a call to accused No.2 on 26.02.2018, he made a call to accused No.2 on 28.02.2018, he received a call from accused No.2 on 01.03.2018, he received a call from accused No.2 on 05.03.2018, he received a call from accused No.2 on 08.03.2018, he made a call to accused No.2 and received a call from accused No.2 on 11.03.2018 and he made a call to accused No.2 on 12.03.2018. The said details clearly indicate that accused No.7 was in constant touch with accused No.2 from 25.02.2018 to 12.03.2018.
115. It is pertinent to note that accused No.7 - Sariful Islam is the resident of West Bengal and accused No.2 - Ashok Kumbar is the resident of Karnataka. They are not relatives at all since both are from different religions. FICNs are seized from the house of accused No.2. In the same period, accused No.1 - Dalim Mia came to Karnataka and the police arrested him at the Nippani bus stand on 12.03.2018. The police also seized FICNs from the house of accused No.2.
116. It is alleged against accused No.5 - Shahnoyaj Kasuri and accused No.6 - Shukruddin Sheik that they were involved in procurement and circulation of FICNs. As discussed supra, accused No.5 - Shahnoyaj Kasuri and accused No.6 - Shukruddin Sheik pleaded guilty to the charges leveled against them. Hence, they are convicted and sentenced to imprisonment. A perusal of the same CDR i.e., Ex.P.206, accused No.7 - Sariful Islam made two calls to accused No.5 and received a call from accused No.5 on 19.02.2018. On the 63 Spl.C.No.386/2018 same day, accused No.7 contacted accused No.1 - Dalim Mia as well. It clearly indicates that accused No.7 was in touch with accused No.5 in the same period when he was in touch with accused No.1 and 2.
117. A perusal of Ex.P.182 - the CDR of mobile No.6294831148 which belongs to accused No.7 - Sariful Islam and Ex.P.177 - the CDR of mobile No.6294267952 which belongs to accused No.6 - Shukruddin Sheik, accused No.7 made a call to accused No.6 on 10.02.2018, he made two calls to accused No.6 and received a call from accused No.6 on 18.02.2018, he made a call to accused No.6 on 20.02.2018, he received a call from accused No.6 on 21.02.2018, he received two calls from accused No.6 on 01.03.2018, he received a call from accused No.6 on 06.03.2018, he made eight calls to accused No.6 on 07.03.2018, he made a call to accused No.6 on 11.03.2018, he received a call from accused No.6 on 15.03.2018, he received a call from accused No.6 on 16.03.2018, he made a call to accused No.6 on 17.03.2018, he made two calls to accused No.6 on 18.03.2018, he received a call from accused No.6 on 20.03.2018, he made a call to accused No.6 on 03.04.2018, he made a call to accused No.6 on 17.04.2018, he received two calls from accused No.6 on 03.05.2018, he received two calls from accused No.6 and made two calls to accused No.6 on 11.05.2018.
118. A perusal of Ex.P.206 - the CDR of mobile No.7432924372 which belongs to accused No.7 - Sariful Islam, accused No.7 made three calls to accused No.6 on 06.03.2018, 64 Spl.C.No.386/2018 he received a call from accused No.6 on 07.03.2018, he received two calls from accused No.6 on 08.03.2018 and he received a call from accused No.6 on 12.03.2018. The aforesaid details clearly indicate that accused No.7 - Sariful Islam was in constant touch with accused No.6 - Shukruddin Sheik from 10.02.2018 to 11.05.2018. During the said period, accused No.1- Dalim Mia collected FICNs in West Bengal, trafficked the FICNs to Bengaluru and handed over the same to accused No.2- Ashok Kumbar. Accused No.1 was arrested at the Nippani bus stand and FICNs were seized from the house of accused No.2 - Ashok Kumbar at the instance of accused No.1.
119. Now the question before the court is whether the offence of conspiracy can be proved with the help of phone contacts between accused No.7 and other accused persons and it is a circumstance to believe the case of the prosecution to prove the offence of conspiracy. In this regard, the learned counsel representing the learned Special Public Prosecutor has placed reliance on the decision of the Hon'ble Apex Court in Sidhartha Vashisht @ Manu Sharma Vs. State (NCT of Delhi), (2010) 6 SCC 1. In this decision, the Hon'ble Apex Court has laid down at para 226 as follows;
"226. The above phone call details show that the accused were in touch with each other which resulted in destruction of evidence and harboring. Thus the finding of the trial Court that in the absence of what they stated to each other is of no help to the prosecution is an incorrect appreciation of evidence on record. A close association is a very important piece of evidence in the case of circumstantial evidence. The evidence of phone calls is a very relevant and admissible piece of evidence. The details of the calls made by the various accused to one another are available in Ex. PW-66/B, PW- 66/D and PW-66/C."65
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120. It is laid down in the aforesaid decision that the evidence of phone calls is a very relevant and admissible piece of evidence to prove the circumstances. In this case, accused No.7 was in touch with accused Nos.1, 2, 5 and 6 over phone in February and March 2018. In the said period, FICNs were trafficked by accused No.1 - Dalim Mia and handed over the same to accused No.2 - Ashok Kumbar. Further, there is no personal relationship between accused No.2 and 7 to contact with each other. Therefore, the evidence of phone calls between the accused persons is a very relevant and admissible piece of evidence to prove the circumstances as laid down by the Hon'ble Apex Court.
121. In addition to the said evidence, as discussed supra, 63 cash deposit receipts were seized from the house of accused No.2 - Ashok Kumbar and the same are marked as Ex.P.233. A blue colour pocket diary was seized from the possession of accused No.2 and the same is marked as Ex.P.237. Accused No.7 - Sariful Islam is the holder of SB account No.35650719231 and the statement of the said account is marked as Ex.P.185.
122. As per Ex.P.185, Rs.16,500/- was deposited on 12.01.2018 and Rs.20,000/- was deposited on 10.03.2018. The same figures are reflected in Ex.P.237 - the blue colour pocket diary seized from accused No.2 - Ashok Kumbar. It is mentioned in the said diary that accused No.2 paid the amount of Rs.16,500/- on 12.01.2018 and Rs.20,000/- on 10.03.2018. Cash deposit receipts in respect of the said transactions were seized in the house of accused No.2 - Ashok Kumbar. As 66 Spl.C.No.386/2018 discussed supra, accused No.2 and 7 are from different States and they are no way related to each other. However, he deposited the amount to the account of accused No.2. In this regard, accused No.7 has not offered any explanation at the time of recording his statement as required under section 313 of Cr.P.C. why the amount was deposited into his account by accused No.2.
123. A careful analysis of the aforesaid said evidence adduced by the prosecution, accused No.7 - Sariful Islam was in constant touch with accused No.1 - Dalim Mia, accused No.2 - Ashok Kumbar, accused No.5 - Shahnoyaj Kasuri and accused No.6 - Shukruddin Sheik from 10.02.2018 to 12.03.2018. In the said period, accused No.1 procured the FICNs in West Bengal, trafficked the FICNs to Bengaluru and handed over the same to accused No.2. Accused No.1 was arrested at the Nippani bus stand and he disclosed to the police that he handed over FICNs to accused No.2. The Police seized FICNs, cash deposit receipts and note book in the house of accused No.2 and seized a pocket diary from the possession of accused No.2. Cash was deposited to the account of accused No.7 and the corresponding entries are reflected in the diary seized from accused No.2 and corresponding cash deposit receipts are seized from the house of accused No.2. All the aforesaid facts clearly indicate that accused No.7 - Sariful Islam was involved in the conspiracy to traffic and circulate FICNs with the intention to damage the monetary stability and economic security of India. Hence, the prosecution has proved all the ingredients of the offence of conspiracy with cogent and convincing evidence beyond 67 Spl.C.No.386/2018 reasonable doubt. Accordingly, this court has answered point No.1 in the affirmative.
124. Point No.2 :- It is the allegations of the prosecution that accused No.7 - Sariful Islam was involved in buying and selling FICNs knowing or having reason to believe the same to be forged or counterfeit with the intention to damage the monetary stability and economic security of India and thereby committed the offence punishable under Section 489B of IPC.
125. Before proceeding to take the evidence for discussion, it is apposite to take note of Section 489B of the IPC, which reads as follows :-
"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."
126. A plain reading of Section 489B of IPC, the following ingredients emerge from the said section; i. Whoever sells to any other person any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit. ii. Whoever buys or receives from any other person any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, or iii. A person 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.
68Spl.C.No.386/2018
127. In this regard, it is also profitable to take note of the law laid down by the Hon'ble Apex Court. In Umashanker vs. State of Chhattisgarh, AIR 2001 SC 3074, the Hon'ble Apex Court has laid down at para Nos.7 and 8 as follows :-
"7. Sections 489-A to 489-E deal with various economic offences in respect of forged or counterfeit currency-notes 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, in spite 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 Section 489-B and 489-C is, "knowing or having reason to believe the currency-notes or bank notes to be 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 489-B 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 489-C 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 year 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-notes being fake or 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 489-B and 489-C are not proved. We, therefore, set aside the conviction and sentence passed on the appellant under Sections 489-B and 489-C of I.P.C. and acquit him of the said charged [see : M. Mummutti v. State of Karnataka]"
(emphasis supplied) 69 Spl.C.No.386/2018
128. A perusal of the law laid down in the aforesaid decision, mere selling, buying or receiving from another person or otherwise trafficking in or using as genuine, forged or counterfeit currency-notes or bank-notes without knowing or having reason to believe the currency-notes or bank notes to be forged or counterfeit is not enough to constitute offence under Section 489B of IPC. Therefore, the prosecution is required to prove that accused No.7 was involved in selling, buying or receiving fake currency notes from another person knowing or having reason to believe the same to be forged or counterfeit. Keeping in mind the aforesaid statutory provisions and salutary principles laid down by the Hon'ble Apex Court, this Court proceeds to examine whether the prosecution has proved the ingredients of the offence punishable under Section 489B of IPC.
129. It is pertinent to note that the Ministry of Home Affairs, Government of India accorded permission for interception of mobile No.7718287349 which belongs to accused No.1 - Dalim Mia and mobile No.8697438137 which belongs to accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh under Ex.P.52 for a period of sixty days and accorded permission for interception of mobile No.8792598158 which belongs to accused No.2 - Ashok Kumbar under Ex.P.53 for a period of seven days. Accused No.1, 2 and 5 have pleaded guilty and they are convicted and sentenced to imprisonment. Moreover, Ex.P.52 and Ex.P.53 are marked with the consent of accused No.7 - Sariful Islam. Hence, they are admitted documents.
70Spl.C.No.386/2018
130. During the legal interception, the conversation between the accused persons was recorded and the transcripts were prepared. The prosecution has got marked the transcripts of the conversation between the accused persons as Ex.P.56, Ex.P.57, Ex.P.59 to Ex.P.65 with the consent of accused No.7 - Sariful Islam and accused No.1 to 6 have pleaded guilty and they are convicted and sentenced to imprisonment. Hence, they are also admitted documents.
131. Now, it is relevant to extract the conversation between accused No.1 - Dalim Mia and accused No.2 - Ashok Kumbar from Ex.P.56. The conversation dated 12.02.2018, 16.02.2018 and 17.02.2018 reads as follows;
12.02.2018
2. 11.00 3.06 Dalim Have you called at Kolkata?
Kumbar He called me and told me that he will arrange material within two days Dalim When you talked in Kolkata?
Kumbar Yesterday I called. Did not give massage to you? Please you call him and asked about details.
Dalim I am doing hurry, but from where I will receive material has many hurdles.
Kumbar Please try to contact him. He promised me that within two days my work will be finalise.
13.02.2018
13. 16.45 2.24 Dalim Hallo. On Sunday there is a direct train for Thane.
Kumbar It is possible to come / meet in Pune? Dalim Pune has many difficulties, everywhere CCTV cameras are installed and checking of luggage is also at many places.
Kumbar Ok, we will meet as you think Dalim I am as like your son 71 Spl.C.No.386/2018 Kumbar Then you can come Bangalore. You start your travel on Sunday, then you will reach on Tuesday in Bangalore. Is it possible for you come alone in my Village from Bangalore?
Dalim I will try Kumbar How much will you bring this time? Dalim I do not know 17.02.2018 15 11.22 2.05 Dalim What is going on?
Kumbar I am doing work. Are you leaving today? Dalim Not today. I am leaving on Sunday.
Have you done my work?
Kumbar Today and tomorrow banks are closed.
I will deposit on Monday. Please bring account number with you. How much you carrying? How many are you bringing?
Dalim I will tell you in evening Kumbar Please bring more.
Dalim Twelve Seven Kumbar Please try bring some small material also Dalim Small amount did not get but I will try Kumbar It's ok. Everything is ok at home. Please call me in evening Dalim Now I am doing work, will call you in evening.
132. A perusal of the said conversation, there is a discussion regarding the involvement of other persons in the procurement of FICNs, regarding the procurement and trafficking of FICNs and quantity and quality of FICNs to be delivered.
133. It is also relevant to extract the conversation between accused No.2 - Ashok Kumbar and accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh from Ex.P.65. The conversation dated 25.02.2018 reads as follows;
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25.02.2018
Sl. Time Duration Persons Speech
No.
11 21:46 02:09 Ishak Tell me, what happened?
Kumbhar Nothing, I was waiting for your call.
Sharifulla had called when I was in the market.
Ishak Who?
Kumbhar Sharifulla, I used to put money in his account. He called and asked whether Bhaiyya called you? I told them that yesterday I haven't but today I will talk to him. I have his account no. But one Dalim told them to give me account no.
I said I will talk to Bhaiya and I disconnected.
Ishak I haven't spoken to them but my main worker has gone to Bangladesh. I tried calling him but couldn't reach. I don't know whether he is returned or not. You keep in touch. When the samaan is delivered I will ask you to put money. In time delivery is important as you are putting other money.
134. A perusal of the said conversation, there is a discussion between accused No.2 and 5 regarding the procurement of FICNs from Bangladesh and delivery of FICNs to accused No.2. There is also a discussion about accused No.7 - Sariful Islam.
135. It is relevant to extract the conversation between accused No.1 - Dalim Mia and accused No.2 - Ashok Kumbar from Ex.P.56. The conversation dated 26.02.2018 and 28.02.2018 reads as follows;
26.02.2018
Sl.No. Time Duration Persons Speech
30 16.18 5.22 Kumbar Hallo
Dalim What is news?
Kumbar They have called me and asked me 73 Spl.C.No.386/2018 whether I deposited money? What is about material?
Dalim If you deposit money, then it will go ahead otherwise not.
Kumbar Please talk with them otherwise we will be in trouble and told them to take some less amount.
Dalim They called me at night and asked me what happen? I told them all things which I told you i.e., about I told you to deposit money in account etc. Are you asking about Khan's phone call or other?
Kumbar Khan also called at night and asked me to make arrangements of 50,000/-, but I told him that it is not possible for me, but I can make arrangements up to 25,000/-. They agreed for it and told me that he once again call me and cut the phone. Sharifulla also called me.
Dalim What is Sharifulla talking?
Kumbar 'That boy told you about depositing money, what is the position and when you will be going to deposit money.' I told him that I do not know other things. You talk with them, till that time I call some parties who are ready for dealing and call back you at 05.30.
Dalim OK 28.02.2018 31 11.22 2.08 Kumbar Hallo Dalim What are you doing?
Kumbar Doing some work. I am depositing 10,000/- in Sharifulla's account and 15,000/- in Sukuruddin's account and one more thing is that one party asking me when will you come. Today, I deposit 25,000/-. You try to come early. Dalim Told him that, I will start my travel tomorrow and reach there till Saturday or Sunday, I will definitely come till Sunday. Remaining all arrangements keep ready there.
Kumbar All arrangements are ready here but material is not available.
74Spl.C.No.386/2018 Dalim Anybody asked for Khan?
Kumbar You are asking about him yesterday or day before yesterday. He told me that boy will come early with material.
Sharifulla also called and asking about how much deposited in account.
Dalim I will call afterwards.
136. As per the said conversation, there is a discussion regarding the procurement of FICNs, regarding bargaining in purchasing FICNs, regarding payment of money and the date of arrival of accused No.1 to Bengaluru with FICNs for delivery. There is also a discussion about accused No.7 - Sariful Islam and the deposit of the amount into the account of accused No.6 and 7. As discussed supra, accused No.2 has deposited the amount into the account of accused No.7 - Sariful Islam.
137. It is relevant to extract the conversation between accused No.2 - Ashok Kumbar and accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh from Ex.P.65. The conversation dated 02.03.2018 and 03.03.2018 reads as follows;
02.03.2018
Sl. Time Duration Persons Speech
No.
13 11.27 00.51 Kumbhar Bhaiya, I have put money in
Sukruddin's A/c.
Ishak How much?
Kumbhar Its 15000/-. I told Sharifulla too about it.
Confirm it.
Ishak Ok.
03.03.2018
14 07.12 04.47 Kumbhar Have you finished your tea
Ishak Yes. Just
Kumbhar Confirmed the money transfer?
Ishak Yes. Its done. They got it.
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Kumbhar When will I get. Because I have to reply parties.
Ishak On Sunday. Sunday it will start journey.
On Sunday one labour will start and on Tuesday one more labour will start journey. On Tuesday it will be evening train from here. It will be total of 10. Talk to the parties and keep the rate.
Kumbhar Total how much it will be Ishak 10 Kumbhar Ok. Including both the labours it will be
10. Ishak Yes. There will be gap of two days in between both the labours.
Kumbhar Both the labours will come to me.
Right?
Ishak Yes. My Banglore party will contact you and take away some samaan. Give it to him. Don't take tension. Do it slowly and with comfort.
Kumbhar OK.
Ishak What can I do? You know what labour guys do. So don't talk too much to them. Talk to parties and 5% money ready. You will have to send it along with or deposit it to the account. Is there Bank of India near you.
Kumbhar It is not near to my Village. Its 30 kms away from my village.
Ishak Axis or ICICI is there?
Kumbhar Yes it is there.
Ishak It is ok then. We won't have to run here and there for that.
Kumbhar One more thing. Need small Mall in quantity.
Ishak Ok. You will get it. Whatever we have 4/5 in small Mall sample you will get.
First see the sample and then order the small Maal. You see it with your eyes then order. Sunday it will start the journey and by Tuesday you will receive delivery. Keep thee money ready. You will have to send it along with or transfer it.
Kumbhar OK.
76Spl.C.No.386/2018 15 21.53 03.26 Ishak What happened? How are you? Have you had your dinner?
Kumbhar Yes, I had dinner. I was gone to other village to meet relatives. I had my dinner at relatives.
Ishak Now it is all right.
Kumbhar Yes, it is. The same labour called me to tell that he is coming tomorrow. I said ok and disconnected the call.
Ishak You keep talking to your Parties. Kumbhar Yes I already have. Tomorrow I will talk to more 1-2 parties.
Ishak After 2 days our work will start. When one consignment is over we will start another. We will have to start both the lines. Don't tell labour or anybody about this line. Talk to the parties and try to make payment at least within one day.
Kumbhar Ok Ishak When he will reach, I will give your no.
to Bangalore Party. When we will call, talk to him and give him.
Kumbhar Ok.
138. As per the said conversation, accused No.2 - Ashok Kumbar deposited the amount into the account of accused No.6 for delivery of FICNs and got the confirmation from accused No.5. There is also a discussion regarding the quality, the quantity and the date of delivery of FICNs.
139. It is also relevant to extract the conversation between accused No.1 - Dalim Mia and accused No.2 - Ashok Kumbar from Ex.P.56. The conversation dated 06.03.2018 and 07.03.2018 reads as follows;
06.03.2018 40 14.41 0.31 Dalim I am leaving today Kumbar Ok 41 22.27 0.43 Dalim I caught train. Call you again in morning and switching of mobile now.
77Spl.C.No.386/2018 07.03.2018 42 7.48 1.37 Dalim Hallow. How are you?
Kumbar I am fine, what about you?
Dalim I am also fine, please catch a vehicle for Bangalore of today's evening Kumbar At what time will you reach there? Dalim Tomorrow, I will reached at around 05.00 O' clock Kumbar In morning or evening?
Dalim At evening Kumbar I am leaving today and will reach tomorrow morning and call you after reaching in Bangalore.
Dalim Ok, I kept my phone switched off. Kumbar I reach till tomorrow morning and call call back you Dalim Please purchase one big screen mobile for me Kumbar Ok
140. As per the said conversation, accused No.1 - Dalim Mia left West Bengal for Bengaluru and informed accused No.2 - Ashok Kumbar that he boarded the train and would reach Bengaluru on the next day.
141. It is also relevant to extract the conversation between accused No.2 - Ashok Kumbar and accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh from Ex.P.65. The conversation dated 07.03.2018 reads as follows;
07.03.2018
Sl. Time Duration Persons Speech
No.
18 22.20 00.53 Ishak Did that boy call you?
Kumbhar Yes. The boy called in the evening and told me that he will reach here by tomorrow evening. I will reach there tomorrow morning.
Ishak Its ok.
78Spl.C.No.386/2018 19 07.27 01.58 Kumbhar I will reach there within ½ hour. Vehicle has stopped for tea break. Did Babu bhaiya called today?
Ishak Called him yesterday night.
Kumbhar He was asking for two hundred small pieces. I said I have only two. You keep one and I will keep one. He said I will have to show them at both the places. I said I have only two.
Ishak He is a very good man. Did he said anything about me.
Kumbhar Yes. He is. He was telling me that you are honest man. I have done business with him many times in the past. You also do good business. I will try to transfer evening or tomorrow.
Ishak Try to transfer it today evening only because Sunday journey will start.
Kumbhar Ok.
142. As per the said conversation, accused No.2 confirmed to accused No.5 that accused No.1 left for Bengaluru and there is a discussion regarding trafficking of more FICNs and payment of money.
143. It is also relevant to extract the conversation between accused No.1 - Dalim Mia and accused No.2 - Ashok Kumbar from Ex.P.56. The conversation dated 08.03.2018 reads as follows;
08.03.2018 44 10.31 1.20 Dalim Hallo, how are you uncle?
Kumbar I am fine Dalim Had you taken lunch?
Kumbar I just took my breakfast. Till what time will you reach?
Dalim I reached at Kathpadi Station and will reached till 02.00 to 03.00 Kumbar Please call me before you reach, I will come to receive you 79 Spl.C.No.386/2018 Dalim Coming Station's name is Yashwantpoor.
Kumbar Ok, I will come to receive you.
45 13.46 1.19 Dalim Hallo Kumbar Where are you now? How much time shall you required? When will you reach at Yashwantpoor? Call me at least before one hours to reach Dalim OK 46 14.06 0.52 Dalim Hallo Uncle, Please come to Yashwantpoor, I will reach within half an hour Kumbar Ok, I will reached there within one hour 47 14.17 0.33 Dalim Hallo Kumbar I am coming in Auto now.
48 14.20 1.12 Dalim Hallo Kumbar Where to come? Othewise take auto and come at a lodge which knows you Dalim Lodge is Majestic Area?
Kumbar Yes, yes, please come at Majestic Dalim Ok, I am coming at Majestic
144. As per the said conversation, accused No.1 - Dalim Mia reached Bengaluru and accused No.2 - Ashok Kumbar instructed him to come to Majestic.
145. It is also relevant to extract the conversation between accused No.2 - Ashok Kumbar and accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh from Ex.P.65. The conversation dated 09.03.2018 reads as follows;
09.03.2018 20 14.01 02.02 Kumbhar I have come to meet one Party. Which account should I deposit the money.
Ishak Both.
Kumbhar Ok. I will deposit in both the accounts, Sukdruddin and Sharifulla. I have left the boy at room and came to one party.
Ishak How much is done today.
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Kumbhar Let us see. It will be above 50 today. If it is 50 I will send 25-25 in both accounts. If it is 60 I will send 30-30. I will send the boy back on Sunday.
Ishak No. Send him tomorrow only.
Kumbhar He was asking for the reservation for return journey. If it is done, I will send him tomorrow.
Ishak On Sunday, other men will start journey.
When you will transfer 50. Then these men will start their journey on Sunday. Kumbhar 100% I will transfer.
21 21.48 01.20 Kumbhar Tomorrow morning, till 1000 hrs, I will deposit Rs.40000/-, I have received that money. I left the boy and got money from other village in the night. In my village the ATM is not working. Another ATM is 25-30 Km, away. That is the problem. In the morning I will put the money 20-20 in both the accounts.
Whatever I get till the evening I will adjust and transfer.
Ishak Tomorrow evening send the boy back. Kumbhar Ok. I will arrange his journey. In the morning till 1000 hrs I will transfer 40. After that I will see how much more can I get.
Ishak Ok.
146. As per the said conversation, accused No.1 - Dalim Mia delivered the FICNs to accused No.2 - Ashok Kumbar and there is a discussion regarding circulation of FICNs and deposit of amount. There is also a discussion regarding deposit of money into the accused of accused No.6 - Shukruddin Sheik and accused No.7 - Sariful Islam. Accused No.1 was with accused No.2 on the aforesaid dates.
147. It is also relevant to extract the conversation between accused No.1 - Dalim Mia and accused No.7 - Sariful Islam from Ex.P.63. The conversation dated 10.03.2018 reads as follows;
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10.03.2018
Sl. Time Duration Persons Speech
No.
5 20:48 07:28 Dalim Hallo, Rahul & Sheth called me, but I
did not take phone call of anyone
because infront of me Police was
standing.
Sarifulla What are you doing there?
Dalim Replying that I am roaming here and
there.
Sarifulla In my account credited Rs.20,000/- and Sukruddin account credited Rs.14,000/- total Rs.34,000/- received and balance money which time you give to me?
Dalim I don't get sufficient money through ATM. Sheth having only Rs.2000/-
available. Tomorrow train ticket confirmed. In the night Journey many problem for traveling also reserved the ticket.
Sarifulla Bring I shirts for me.
148. As per the said conversation, accused No.7 - Sariful Islam confirmed to accused No.1 - Dalim Mia that Rs.20,000/- was deposited into his account and Rs.15,000/- was deposited into the account of accused No.6 - Shukruddin sheik. Ex.P.185 - the bank account of accused No.7 reveals that Rs.20,000/- was deposited into the account of accused No.7 on 10.03.2018.
149. It is also relevant to extract the conversation between accused No.2 - Ashok Kumbar and accused No.7 - Sariful Islam from Ex.P.59. The conversation dated 11.03.2018 reads as follows;
11.03.2018
Sl. Time Duration Persons Speech
No.
1 09.53 1.42 Kumbar Hallo
Sharifuddin Yes, speak
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Kumbar I am sending your boy and going with
him to catch a train. I have made a
reservation for him, please speak with him.
Sharifuddin Ok, Hallo, you come back. 2 18.46 1.54 Kumbar Had that boy called you?
Sharifuddin No, I had not received any call. Kumbar He caught the train at 06.30 pm, but currently his phone is switched off, that's why I asked you. He informed me that he reached Pune and may be he is in train now and switched off his mobile. If you have any other number, you call him and get confirmation that whether he caught the train.
Sharifuddin Ok, I will try his other number Kumbar Hallo, I want to deposit 20,000/- now, but server is not working here. So I can deposit 20,000/- tomorrow morning till 09.00 to 10.00 3 18.50 0.42 Kumbar Yes, Please speak Sharifuddin How much money you give with him? Kumbar I have given him Rs.5000/-
Sharifuddin OK
150. As per the said conversation, accused No.2 - Ashok Kumbar informed accused No.7 - Sariful Islam that he was sending back accused No.1 - Dalim Mia and he gave Rs.5000/- to accused No.1. There is also a discussion regarding deposit of amount.
151. It is also relevant to extract the conversation between accused No.2 - Ashok Kumbar and accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh from Ex.P.65. The conversation dated 11.03.2018 reads as follows;
11.03.2018 23 13.43 02.09 Kumbhar I have arranged the reservation and sent back the boy at 10 and whatever I get will evening I will transfer 83 Spl.C.No.386/2018 Ishak How much you gave him?
Kumbhar I have given him 5 thousand.
Ishak Ok Kumbhar He told to cut it from account.
Ishak Can you manage some more money
today.
Kumbhar I have just returned home. After 0300- 0400 hrs, I will go and whatever I get, I will transfer Ishak If not today don't do any mistake tomorrow. It Money.
Kumbhar 99% I will send today itself
Ishak Ok
24 19.45 01.51 Kumbhar I have received the money. It is with
me. Server is slow in our village, I have got Rs.20000/- and tomorrow morning at 0800 I will transfer it from other village.
Ishak How much is it?
Kumbhar 20000. I will send it tomorrow morning. Ishak Can you manage some more tomorrow. Kumbhar I will try in the evening. Tomorrow till afternoon, I am going to other village at my in laws. After that I will visit one place. Whatever I get I will transfer. I will transfer 20000 in the morning and will try for more till evening.
Ishak Do you have details-record?
Kumbhar 34 already given to them, 5 thousand I gave to the boy, after that 25 is given, more 25 I will pay. Like that I will pay around 85.
Ishak Ok.
152. A perusal of the aforesaid conversation, accused No.2
- Ashok Kumbar informed accused No.5 - Shahnoyaj Kasuri that he was sending back accused No.1 - Dalim Mia and he gave Rs.5000/- to accused No.1. There is also a discussion regarding payment of amount and the amount already paid. Rs.34,000/- refers to in the said conversation is the amount deposited into the account of accused No.6 and 7.
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153. A careful scrutiny of the said conversation between accused No.1 - Dalim Mia, accused No.2 - Ashok Kumbar, accused No.5 - Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh and accused No.7 - Sariful Islam @ Sarifulla @ Sharifuddin, there is a discussion regarding the procurement of FICNs from Bangladesh, regarding the trafficking of such FICNs to Bengaluru through accused No.1, regarding bargaining in purchasing FICNs, regarding quality and quantity of FICNs, regarding journey of accused No.1 from West Bengal to Bengaluru, regarding delivery of FICNs and payment of deposits. In furtherance of the said discussion, accused No.1 came to Bengaluru on 08.03.2018 and he was with accused No.2 until 12.03.2018. The amount was deposited into the accounts of accused No.6 - Shukruddin Sheik and accused No.7- Sariful Islam. As discussed supra, FICNs were seized from the house of accused No.2. The aforesaid evidence adduced by the prosecution clearly establishes that accused No.1, 2, 5 and 7 were actively involved in the procurement and trafficking FICNs and accused No.7 was actively involved in selling FICNs to accused No.2.
154. It is pertinent to note that as per Ex.P.53, the Ministry of Home affairs accorded permission for interception of mobile No.879259158 which belongs to accused No.2 - Ashok Kumbar for seven days from 10.03.2018. Therefore, no conversation is available in respect of the said number until 10.03.2018. As per Ex.P.52, the Ministry of Home affairs accorded permission for interception of mobile Nos.7718287349 which belongs to accused No.1 - Dalim Mia and 8697438137 which belongs to 85 Spl.C.No.386/2018 accused No.5 - Shahnoyaj Kasuri for 60 days from 09.02.2018. Therefore, the conversation and transcripts of the conversation are available in the said numbers from 10.02.2018 to 12.03.2018.
155. As per Ex.P.65, accused No.2 - Ashok Kumbar informed accused No.5 - Shahnoyaj Kasuri on 25.02.2018 that accused No.7 called him over phone while he was in the market and asked whether Bhaiya called him or not. No transcript of the conversation between accused No.2 and 7 is available since the mobile number of accused No.7 was not intercepted and no permission was accorded to intercept the mobile number of accused No.2 - Ashok Kumbar at that point in time. However, Ex.P.206 - the CDR of mobile No.7432924372 which belongs to accused No.7 - Sariful Islam reveals that accused No.7 made a call to accused No.2 on 25.02.2018 at 18.05.11 hours. This document corroborates the conversation between accused No.2 and 5.
156. As per Ex.P.56, accused No.2 - Ashok Kumbar informed accused No.1 - Dalim Mia on 26.02.2018 that accused No.7 - Sariful Islam called him over phone and asking about deposit of money into the account. As noted above no transcript of the conversation between accused No.2 and 7 is available since the mobile number of accused No.7 was not intercepted and no permission was accorded to intercept the mobile number of accused No.2 - Ashok Kumbar on the said date. However, Ex.P.206 - the CDR of mobile No.7432924372 which belongs to accused No.7 - Sariful Islam reveals that accused No.7 called 86 Spl.C.No.386/2018 accused No.2 on 26.02.2018 at 10.27.30 hours. This document corroborates the conversation between accused No.1 and 2.
157. As per Ex.P.56, accused No.2 - Ashok Kumbar informed accused No.1 - Dalim Mia on 28.02.2018 that he deposited Rs.10,000/- into the account of accused No.7 - Sariful Islam and deposited Rs.15,000/- into the account of accused No.6 - Shukruddin Sheik. In this regard, Ex.P.185 i.e., the statement of account of accused No.7 reveals that Rs.10,000/- was deposited into the said account on 28.02.2018. This document corroborates the conversation between accused No.1 and 2.
158. As per Ex.P.63, accused No.7 - Sariful Islam informed accused No.1 - Dalim Mia on 10.03.2018 that Rs.20,000/- is deposited into his account and Rs.14,000/- was deposited into the account of accused No.6 - Shukruddin Sheik. In this regard, Ex.P.185 i.e., the statement of account of accused No.7 reveals that Rs.20,000/- was deposited into the said account on 10.03.2018. The same figure is reflected in Ex.P.237 - the blue colour pocket diary of accused No.2. These documents corroborate the conversation between accused No.1 and 7.
159. As per Ex.P.59, accused No.2 - Ashok Kumbar informed accused No.7 - Sariful Islam on 11.03.2018 that he was taking accused No.1 - Dalim Mia to catch the train and paid the amount of Rs.5,000/- to accused No.1. He handed over the phone to accused No.1 to speak with accused No.1 and accused No.7 spoke with accused No.1 and instructed accused No.1 to 87 Spl.C.No.386/2018 come back. Even as per Ex.P.65, accused No.2 - Ashok Kumbar informed accused No.7 - Sariful Islam on 11.03.2018 that he was going to send accused No.1 - Dalim Mia by train and paid the amount of Rs.5,000/- to accused No.1.
160. In addition to the said evidence, a perusal of Ex.P.185, the bank account of accused No.7 - Sariful Islam, the investigating officer has collected the statement of account of accused No.7 - Sariful Islam from 01.01.2016 to 01.05.2020. It is evident from the said statement that amount was deposited into the said account from 17.05.2016 to 12.03.2018. The amount deposited by accused No.2 - Ashok Kumbar is the final deposit into the accused of accused No.7. Accused No.1 was arrested on 12.03.2018 and accused No.2 was arrested on 13.03.2018. There afterwards, there is no deposit into the account of accused No.7. This clearly indicates that accused No.7 was involved in selling the FICNs during the said period.
161. The learned counsel for accused No.7 would submit that accused No.7 - Sariful Islam was not taken to the place where he was given FICNs. Even accused No.1 - Dalim Mia is also not identified the place where he collected FICNs. He would further submit that the role of accused No.7 starts from West Bengal as per the case of the prosecution. The prosecution has not adduced any evidence to link accused No.7 to Bangladesh. The name of the person who provided FICNs to accused No.7 is not forthcoming in the entire evidence adduced by the prosecution. Hence, there is no material to show that accused No.7 was involved in the procurement of FICNs and the 88 Spl.C.No.386/2018 prosecution has failed to prove the guilt of accused No.7 beyond reasonable doubt.
162. As discussed supra, it is not possible to obtain direct evidence in the case of conspiracy as the conspiracy is held in secrecy. It is true that neither accused No.7 nor accused No.1 disclosed the place where the FICNs were procured as argued by the learned counsel for accused No.7 and there is no evidence to link accused No.7 to Bangladesh as argued by the learned counsel for accused No.7. As per section 489B of IPC, buying or receiving from any other persons or selling to any other persons FICNs knowing the same to be counterfeit is punishable. It is true that the prosecution has not adduced any evidence to show that accused No.7 was involved in buying or receiving from the accused based in Bangladesh FICNs knowing the same to be counterfeit, but the evidence has been adduced to show that he was involved in selling FICNs to accused No.2. This court has discussed in detail and has come to the conclusion that accused No.7 was in constant touch with the co- accused persons, accused No.2 deposited the amount into the account of accused No.7 though there is no relationship between him and accused No.7, they had conversation to procure and circulate FICNs, they procured and sent FICNs to accused No.2 through accused No.1, accused No.1 was arrested at the Nippani bus stand and FICNs were seized from the house of accused No.2. Therefore, this court cannot held that the prosecution has failed to prove the ingredients of the offence under section 489B of IPC merely because neither accused No.7 nor accused No.1 disclosed the place where the FICNs were 89 Spl.C.No.386/2018 procured and the name of the person who provided FICNs to accused No.7 is not forthcoming in the evidence of the prosecution. Hence, this court does not find any merit in the arguments advanced by the learned counsel for accused No.7.
163. The learned counsel for accused No.7 would further submit that the prosecution has not adduced any evidence to show that accused No.7 withdrew the money from his account and the prosecution has not adduced any evidence to show that accused No.7 was using ATM card. Even ATM card is also not seized from the possession of accused No.7. Accused No.7 also examined accused No.6 as DW.1 to show that he was not operating his account and accused No.6 was operating his account. Hence, the prosecution has failed to prove the guilt of accused No.7 beyond reasonable doubt.
164. The prosecution has proved before this court that the amount was deposited into the account of accused No.7 and the amount was withdrawn from his account. Once the prosecution has proved the said fact, it can be presumed that accused No.7 himself withdrew the amount. Then the burden is on accused No.7 to show that the amount was not withdrawn by him. DW.1 has testified that he collected the account number of accused No.7 and provided the same to accused No.2. He used to operate the bank account of No.7 and used to withdraw money, which was deposited by accused No.2, from the bank account of accused No.7. He wanted to purchase the land of accused No.7 and he used to accumulate the amount for the same.
90Spl.C.No.386/2018
165. Though DW.1 has testified that he used to withdraw the amount from the account of accused No.7, the reason assigned by him is not sufficient to believe his evidence. He has testified that he wanted to purchase the land of accused No.7 and therefore, he used to accumulate the amount. If he had wanted to accumulate the amount to purchase the land of accused No.7, he would have instructed accused No.2 to deposit the amount into his account since he also had his account in the same bank. There is no explanation from DW.1 why he provided the account number of accused No.7 to accused No.2 to deposit the amount though he had an account in his name. Therefore, the evidence of DW.1 does not inspire confidence of this court.
166. Moreover, accused No.7 was in constant touch with accused No.2 before and after delivery of FICNs to accused No.2. He confirmed to accused No.1 that the amount was deposited into his account after delivery of FICNs to accused No.2. Accused No.2 informed accused No.7 that he was taking accused No.1 to catch the train and Rs.5,000/- was paid to accused No.1. If accused No.7 is not involved in this case and there is no connection between him and accused No.2, there was no necessity for accused No.7 to contact accused No.1, 2, 5 and 6 from the date of procurement of FICNs till arrest of accused No.1 at the Nippani bus stand. There was no necessity for accused No.2 to provide information to accused No.7 about accused No.1. Therefore, the evidence adduced by the prosecution cannot be disbelieved merely because ATM card of accused No.7 is not seized and produced before the court.
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167. The learned counsel for accused No.7 has placed reliance on the decision of the Hon'ble Apex Court in Champaben Govindbhai Vs. Popatbhai Manilal and others, Criminal Appeal No.429/2002, decided on 31.07.2009 and argued before the court that if two views are possible on the basis of the evidence on record, the view favorable to the accused has to be preferred and the benefit of doubt has to be extended to the accused. This court has meticulously gone through the said decision. It is held in the said decision that if two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court. Moreover, all the evidence adduced by the prosecution points a finger towards the guilt of accused No.7 and no other reasonable conclusion is possible based on the evidence on record in this case. Hence, with great respect to the Hon'ble Apex Court, the principle laid down in the said decision is not aptly applicable to the facts and circumstances of this case.
168. The learned counsel for accused No.7 has also placed reliance on the decision of the Hon'ble Apex Court in State of U.P. Vs. Krishna Gopal and another, 1988 (4) SCC 302 on the same point. As discussed supra, all the evidence adduced by the prosecution points a finger towards the guilt of accused No.7 and no other reasonable conclusion is possible based on the evidence on record in this case. Hence, with great respect to the Hon'ble Apex Court, the ratio laid down in the said decision is not aptly applicable to the facts and circumstances of this case.
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169. The learned counsel for accused No.7 has placed reliance on the decision of the Hon'ble Apex Court in Ramesh Bhai and another Vs. State of Rajasthan, Criminal Appeal No.868-869/2004, decided on 24.04.2009 and argued before the court that in a case based on circumstantial evidence, the circumstances on which the conclusion of guilt is drawn should be fully proved and such circumstances must be conclusive in nature. All the circumstances should be complete and there should be no gap left in the chain of evidence. The proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence. There is no dispute in the ration laid down in the said decision. In this case, the circumstantial evidence adduced by the prosecution is complete and incapable of explanation of any other hypothesis than that of the guilt of accused No.7 and the said evidence is not only be consistent with the guilt of accused No.7 but is inconsistent with his innocence as held in the said decision. Hence, with great respect to the Hon'ble Apex Court, the said decision does not come to the aid of accused No.7 and the same is not aptly applicable to the facts and circumstances of this case.
170. A careful scrutiny of the aforesaid evidence adduced by the prosecution, accused No.7 - Sariful Islam was in constant touch with accused No.1 - Dalim Mia, accused No.2 - Ashok Kumbar, accused No.5 - Shahnoyaj Kasuri and accused No.6 - Shukruddin Sekh from 10.02.2018 to 12.03.2018. During this period, accused No.5 to 7 procured the FICNs for trafficking, accused No.2 deposited the amount into the accounts of 93 Spl.C.No.386/2018 accused No.6 and 7 and accused No.5 to 7 sent the FICNs through accused No.1 to Bengaluru for delivery. Accused No.1 came to Bengaluru on 08.03.2018 along with FICNs and delivered the same to accused No.2. Accused No.2 confirmed to accused No.5 and 7 that he was going to send accused No.1 by train on 11.03.2018 and paid Rs.5,000/- to him. Later, accused No.1 was apprehended at the Nippani bus stand on 12.03.2018 and FICNs were seized from the house of accused No.2 on 13.03.2018. A perusal of the aforesaid evidence, even though the prosecution has not adduced any evidence to show that accused No.7 was involved in buying receiving FICNs from the accused based in Bangladesh, it has adduced cogent and convincing evidence to show that accused No.7 was actively involved in selling FICNs to accused No.2 knowing the same to be forged or counterfeit with the intention to damage the monetary stability and economic security of India. Hence, the prosecution has proved the ingredients of the offence under section 489B of IPC with cogent and convincing evidence beyond reasonable doubt. Accordingly, this court has answered point No.2 in the affirmative.
171. Point No.3 :- In view of the discussions made supra, accused No.7 was in constant touch with other accused persons and conspired to traffic and circulate FICNs and in order to achieve the object of criminal conspiracy, he was involved in selling FICNs to accused No.2 knowing the same to be forged or counterfeit with the intention to damage the monetary stability and economic security of India. Hence, this court proceeds to pass the following;
94Spl.C.No.386/2018 ORDER Accused No.7 - Sariful Islam @ Sarifulla @ Sharifuddin is found guilty of the offences punishable under Sections 120B and 489B of The Indian Penal Code.
Acting under Section 235(2) of the Cr.P.C., accused No.7 is convicted for the offences punishable under Sections 120B and 489B of The Indian Penal Code.
(Partly dictated to the Senior Sheristedar/ the then Stenographer Grade-I, transcription thereof computerized by him, partly typed by me, corrected and then pronounced by me, in open Court on this 30th day of August, 2024) (GANGADHARA C.M.), XLIX Addl. City Civil & Sessions Judge, (Special Judge for trial of NIA Cases), (CCH-50) - Bengaluru.
95Spl.C.No.386/2018 ORDER ON SENTENCE This court has heard accused No.7 and the learned counsel representing the learned Special Public Prosecutor on the award of the sentence. The learned counsel for accused No.7 has submitted his written arguments on the award of the sentence.
2. The learned counsel for accused No.7 has submitted that no FICNs were recovered from the possession of accused No.7 and his role is minimal in the crime. Other accused persons have pleaded guilt and this Court convicted them and imposed six years imprisonment. The role and act of accused No.7 is minimal and less graver than the other accused persons. He is neither the king pin nor the member of the core group. He has further submitted that accused No.7 has aged parents, wife and small children. They depend upon his earnings. Accused No.7 has no bad antecedents and he is the first time offender. There are no complaints against accused No.7 during his stay in prison. There is possibility of reform. Hence, a lenient view may be taken while awarding the sentence. He has further submitted that accused No.7 hails from a very poor family and has economic hardship. He is not working for the last three years. Hence, the fine amount may be waived off as he is unable to bear the same.
3. Accused No.7 has submitted that he has small children. His wife is suffering from heart ailments and his father is suffering from paralysis and diabetes. The entire family is depending upon his income. Hence, he has prayed to take a lenient view while awarding the sentence.
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4. The learned counsel representing the learned Special Public Prosecutor has submitted that accused No.7 is the main supplier of FICNs. He has supplied the FICNs throughout the country and it caused damage to the monetary stability and economic security of the country. Other accused persons have pleaded guilty and this Court has convicted them and sentenced to imprisonment for six years. A similar punishment may be imposed on accused No.7 as well.
5. It is settled principle of law that while deciding the quantum of punishment, it is required that the court should strike a balance between the aggravating and mitigating circumstances. It is also well settled principle of law that the punishment must be proportionate to the crime. Therefore, it is the duty of the court to impose adequate sentence and it should be proportionate to the crime.
6. As per section 3 and 4 of Probation of Offenders Act, if an accused is below 21 years of age and there is no previous conviction against such accused, the court has to release the offender on probation of good conduct, otherwise the court has to assign reasons for imposing sentence of imprisonment on such accused. Keeping in mind the aforesaid statutory provisions and salutary principles, this court proceeds to examine the facts of this case.
7. It appears from the records that though the prosecution has not produced any materials before this court to show that accused No.7 was previously convicted in any other case, accused No.7 was not below 21 years of age at the time of 97 Spl.C.No.386/2018 commission of the offence. Therefore, the provisions of Probation of Offenders Act is not applicable in this case.
8. A perusal of the case papers, accused No.1 and 5 to 7 are the main accused in this case. Accused No.5 to 7 secured FICNs from the accused based in Bangladesh and circulated the same among other accused persons. Accused No.1 used to bring FICNs from West Bengal to Karnataka and acted as courier boy in circulation of FICNs. He used to supply FICNs to accused No.2 in Bengaluru. Accused No.2 used to circulate the FICNs among accused Nos.3 and 4 in the State of Karnataka. Therefore, the role of any accused in this case is not minimal as submitted by the learned counsel for accused No.7. All the accused have committed this crime with the intention to damage the monetary stability and economic security of the country. Hence, this is an offence against the nation and heinous in nature. There are no mitigating circumstances to take a lenient view while imposing the sentence except accused No.7 has small children and sick wife and father.
9. This court has power to impose sentence of imprisonment for life or ten years and fine for the offence under section 489B and imprisonment for life and fine for the offence under section 120B of IPC. In this case, accused No.1 to 6 pleaded guilty and this court convicted and sentenced them to undergo two years simple imprisonment and Rs.5,000/- fine for the offence under section 120B and accused No.1 to 4 and 6 are sentenced to simple imprisonment for six years and fine of Rs.5,000/- for the offence under section 489B of IPC. In the 98 Spl.C.No.386/2018 opinion of the Court, imposing the same sentence imposed on accused No.1 to 4 and 6 to accused No.7 is sufficient and it is adequate and proportionate to the crime committed by accused No.7. Hence, this court proceeds to pass the following:
ORDER Accused No.7 is sentenced to undergo simple imprisonment for a period of six (06) years and liable to pay a fine of Rs.5,000/- for the offence punishable under Section 489B of the IPC. In default of payment of fine, accused No.7 shall undergo simple imprisonment for a period of one year.
Accused No.7 is sentenced to undergo simple imprisonment for a period of two (02) years and liable to pay a fine of Rs.5,000/- for the offence punishable under Section 120B of the IPC. In default of payment of fine, accused No.7 shall undergo simple imprisonment for a period of four months.
Substantial sentences in respect of all the above offences shall run concurrently.
The period of detention undergone by accused No.7 in judicial custody shall be set-off against the term of imprisonment imposed on him as provided under section 428 of Cr.P.C.
Since M.O.1 are Fake Indian Currency Notes, office is hereby directed to return the same to the Investigating officer of this case after completion of the appeal period and the Investigating Officer is directed to deposit the same with Bharatiya Reserve Bank Note Mudran Pvt. Ltd. and submit the compliance report before this Court.99
Spl.C.No.386/2018 Since M.O.2 Samsung handset mobile phone, M.O.3 - Redmi mobile phone, M.O.4 - Samsung Duos mobile phone, M.O.5 - Itel Mobile Phone with 2 SIM cards and HOPE company 8 GB memory card, M.O.6 - Ziox mobile phone and 2 Vodafone SIM cards, M.O.7 - TORK mobile phone, M.O.8 - MI Note mobile phone with TATA Docomo SIM card, M.O.9 - Samsung Mobile with Airtel SIM and M.O.10 - Itel Mobile phone with 2 Vodafone SIM cards are valuable properties, it is ordered to be confiscated to the State after completion of the appeal period.
The whole fine recovered to be applied in defraying the expenses incurred in the prosecution.
The office is directed to supply free copy of this judgment to accused No.7 forthwith.
Further, the office is hereby directed to issue warrant of conviction against accused No.7 accordingly.
(Dictated to the Senior Sheristedar/ the then Stenographer Grade-I, directly computerized by him, corrected and then pronounced by me, in open Court on this 31st day of August, 2024) (GANGADHARA C.M.), XLIX Addl. City Civil & Sessions Judge, (Special Judge for trial of NIA Cases), (CCH-50) - Bengaluru.
ANNEXURES List of witnesses examined on behalf of prosecution :-
PW.1 / CW.2 Sri Mahesh Manohar Dumale
PW.2 / CW.4 Sri Balasaheb Pitambar Kamble
PW.3 / CW.5 Sri Pranay Shah
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PW.4 / CW.6 Sri Nitish
PW.5 / CW.7 Sri Sudharshan
PW.6 / CW.9 Smt. Prajwala
PW.7 / CW.1 Sri Laxman Eerappa Irbale
PW.8 / CW.10 Sri Panduranga Ramappa Kolkar
PW.9 / CW.17 Sri Sandeep Sherkhane
PW.10 / CW.14 Sri Nuhul Islam
PW.11 / CW.11 Sri Akshay Ashok Kumbar
PW.12 / CW.27 Sri Vasantha Maruthi Karigar
PW.13 / CW.30 Sri Sunil Gopal Kamble
PW.14 / CW.19 Sri Abdul Imam Jamadar
PW.15 / CW.21 Sri Ramesh Venkappa Malkanavar
PW.16 / CW.11 Sri Rakesh Chandra Prajapathi
PW.17 / CW.4 in CS-II Sri Sanjay Choudhary
PW.18 / CW.10 in CS-II Sri Changdeo Haribhau Godse PW.19 / CW.6 in CS-II Sri Mohammed Saleem PW.20 / CW.8 in CS-II Sri Ravishankar Sharma PW.21 / CW.1 in CS-II Sri Nejarul Islam PW.22 / CW.15 in CS-II Sri R.A. Rajpurohit PW.23 / CW.3 in CS-II Sri Nizamuddin Sheikh PW.24 / CW.2 in CS-II Sri Anower Hussain PW.25 / CW.7 in CS-II Dr. Chathurmukha V.S. PW.26 / CW.13 in CS-II Sri Prashanth Roy PW.27 / CW.16 in CS-II Sri Abhijith Bala PW.28 / CW.14 in CS-II Sri Arun More PW.29 / CW.69 Sri Niraj Rai PW.30/ CW..17 in CS-II Sri Ajay Kumar Dashrath Kadam PW.31 / Addl.W.1 Sri Jayaram Bishnoi PW.32 Sri Basavaraj Kallappa Mukathihal PW.33 Sri Shashikanth Singh 101 Spl.C.No.386/2018 List of documents marked on behalf of prosecution :-
Ex.P.1 Mahazar dated 18.04.2018. Ex.P.1(a) Signature of PW.1.
The extract of register from Sl.No.2706 to Ex.P.2 2715 (2 sheets).
Ex.P.2(a) One signature of PW.1 in Ex.P.2.
The extract of register from Sl.No.2716 to Ex.P.3 2725 (2 sheets).
Ex.P.3(a) One signature of PW.1 in Ex.P.3.
The extract of register from Sl.No.3362 to Ex.P.4 3371 (2 sheets).
Ex.P.4(a) One signature of PW.1 in Ex.P.4. Ex.P.5 The copy of advance bill No.2878.
Ex.P.5(a) Signature of PW.1. Ex.P.6 The copy of advance bill No.2888. Ex.P.6(a) Signature of PW.1. Ex.P.7 The copy of advance bill No.2622. Ex.P.7(a) Signature of PW.1. Ex.P.8 The copy of bill No.2696. Ex.P.8(a) Signature of PW.1. Ex.P.9 The copy of bill No.2707. Ex.P.9(a) Signature of PW.1. Ex.P.10 The copy of bill No.3361. Ex.P.10(a) Signature of PW.1. Ex.P.11 The copy of Aadhar card of Ashok Kumbar. Ex.P.11(a) Signature of PW.1.
Ex.P.12, Ex.P.13 Three railway reservation tickets printouts & Ex.P.14 bearing signature of PW.3.
Ex.P.15 The copy of guest registration card.
The sheet containing the copy of Aadhar card Ex.P.16 and voter ID.
102Spl.C.No.386/2018 The copy of Tax invoice of the accused Ashok Ex.P.17 Kumbar dated 28.12.2017.
Ex.P.18 The copy of ledger extract.
The relevant entry with respect to Ashok Ex.P.18(a) Kumbar.
Ex.P.19 The copy of Tax invoice dated 08.03.2018.
The production cum seizure memo dated Ex.P.20 21.04.2018.
Ex.P.20(a) Signature of PW.4.
The mahazar prepared in Kagwada Police Ex.P.21 Station regarding voice sample.
Ex.P.21(a) Signature of PW.5.
Ex.P.21(b) Signature of PW.13.
The further statement of PW.5 Sri.
Ex.P.22
Sudharshan.
Ex.P.23 The statement of PW.5 Sri. Sudharshan.
The photograph taken by PW.7 in the house Ex.P.24 of Sri. Kolkar at Vajramatti on 15.03.2018. The notice issued to PW.9 on 13.03.2018 by Ex.P.25 the P.I. of Chikkodi P.S. Ex.P.25(a) Signature of PW.9.
The mahazar dated 13.03.2018 prepared in Ex.P.26 the house of accused Ashok Kumbar Ex.P.26(a) Signature of PW.9.
Ex.P.27 The mahazar dated 01.06.2018. Ex.P.27(a) Signature of PW.10.
Ex.P.28 The mahazar dated 30.05.2018. Ex.P.28(a) Signature of PW.11.
Ex.P.28(b) Signature of PW.12.
The mahazar dated 13.03.2018 prepared in Ex.P.29 the house of accused No.3 Rajendra Bapu Patil.
Ex.P.29(a) Signature of PW.14.
103Spl.C.No.386/2018 The mahajar dated 14.03.2018 prepared in Ex.P.30 the house of accused No.4 Gangadhara Ramappa Kolkar.
Ex.P.30(a) Signature of PW.15.
MHA Order No.11011/27/2018/NIA, GOI, Ex.P.31 MHA, CTCR Division, dated 13.04.2018 Ex.P.32 FIR No.RC-12/2018/NIA/DLI, dt. 14.04.2018 Application No.503/2018, dated 12.03.2018 Ex.P.33 submitted to Principal Civil Judge and JMFC, Chikkodi.
Order dated 13.03.2018 issued by the Ex.P.34 Principal Civil Judge and JMFC, Chikkodi. House search panchanama of accused -
Ex.P.35 Ashok Mahadev Kumbar, R/o Prabhuwadi, Chikkodi, dated 13.03.2018 Request letter submitted to Court regarding Ex.P.36 keeping property in the custody vide No.39/2018, dated 13.03.2018.
Application No.492/18, dated 14.03.2018 submitted to Principal Civil Judge and JMFC, Ex.P.37 Chikkodi for house search of Gangadhar Kolkar Order dated 14.03.2018 issued by the Ex.P.38 Principal Civil Judge and JMFC, Chikkodi Police Notice dated 14.03.2018 issued under Ex.P.39 Section 160 of Cr.P.C.
Letter OW 485/2018 for examination of FICN with documents attaches to the said letter with acknowledgment case No.202/2017-2018 Ex.P.40 dated 16.03.2018 from Manager, Bharatiya Reserve Bank Note Mudran (P) Ltd., Note Mudran Nagar, Mysuru Press, Mysuru-
560003.
Report submitted by Sri S.I. Hugar, ASI, Chikkodi to DSP, Chikkodi regarding Ex.P.41 furnishing the report of FICN given by RBI, Mysuru-560003 dated 17.03.2018 104 Spl.C.No.386/2018 Acknowledgment given by General Manager, RBI, Given Mint, Reminder vide No.546/2018, dated 27.03.2018 to General Manager, RBI, Ex.P.42 Mint, Mysuru for issuing Certificate and returning the notes examination with copy of letter No.485/2016, dated 27.03.2018 Opinion Report vide BNM No.18924(M) Ex.P.43 14.02.02/2017-2018 and sample seal of BRBNMPL, Mysuru dated 28.03.2018.
Letter No.415/2018 dated 31.03.2018 Ex.P.44 submitted to Principal Civil Judge and JMFC, Chikkodi.
Memo dated 16.03.2018 given to Sri B.M. Patil, PSI (L&O) for searching accused -
Ex.P.45
Gangadhar Kolkar and report dated
17.03.2018 submitted by Sri B.M. Patil Certified copy of personal search register No.113/2018 of accused Dalim Mia S/o Nuhal Ex.P.46 Islam with Xerox copies written pages of documents recovered from him.
Certified copy of personal search register No.114/2018 of accused Ashok Kumbar S/o Ex.P.47 Mahadev Kumbar with Xerox copies written pages of documents recovered from him. Proceeding drawn in Central Prison, Parappana Agrahara, Bengaluru City for taking specimen handwriting of accused No.2- Ex.P.48 Ashok Kumbar along with Xerox copies of specimen handwriting pages-1-16 (As original has been forwarded for expert opinion) Signature of the witness on mahajar dated Ex.P.48(a) 30.04.2018 Letter No.RC-12/2018/NIA/DLI/1120 to Director, CFSL, GEQD, Hyderabad with Ex.P.49 acknowledgment No.CFSL(H)/610/ DOC/395/ CH-144/2018/1150, dated 07.05.2018 Letter No.RC-12/2018/NIA/DLI/ to Director, Ex.P.50 FSL, Bengaluru dated 04.05.2018.
105Spl.C.No.386/2018 Letter No.RC-12/2018/NIA/DLI/1122 to Branch Manager, SBI, Chikkodi, Karnataka Ex.P.51 with reply vide letter No.16/3, dated 15.05.2018.
Letter No.14/3/97-T(NIA), dated 09.02.2018 Ex.P.52 for lawful interception of mobile No.7718287349 and 8697438137 Letter No.14/3/97-T(NIA), dated 16.03.2018 Ex.P.53 for lawful interception of mobile No.8792598158 Letter No.RC-12/2018/NIA/DLI/1222, dated Ex.P.54 16.03.2018 to Sh Manager, IRCTC with information received from them.
Letter No.RC-12/2018/NIA/DLI, dated Ex.P.55 28.05.2018 to DCP STF, Kolkata with copy of FIR and charge-sheet received from them. Transcript of intercepts between Dalim Mia Ex.P.56 and Ashok Kumbar Transcript of intercepts between Ashok Ex.P.57 Kumbar and Shahnoyaj Kasuri @ Shahnoyaj @ Shanu @ Khan @ Ishak Shaikh Certified copy of personal search Register Ex.P.58 No.115/2018 of accused Rajendra Patil S/o Bapu Patil Transcript of intercepts between Ashok Ex.P.59 Kumbar and Sarifulla @ Sharifuddin Transcript of intercepts between Ashok Ex.P.60 Kumbar and Rajendra Patil Transcript of intercepts between Ashok Ex.P.61 Kumbar and Gangadhar Kolkar Transcript of intercepts between Dalim Mia Ex.P.62 and Shahnoyaj Kasuri @ Shahnawaz @ Shanu @ Khan @ Ishak Shaikh Transcript of intercepts between Dalim Mia Ex.P.63 and Sarifulla @ Sharifuddin 106 Spl.C.No.386/2018 Transcript of intercepts between Dalim Mia Ex.P.64 and Shukuruddin Sekh @ Sukruddin Ansari @ Shukhruddin Transcript of intercepts between Shukuruddin Ex.P.65 Sekh @ Sukruddin Ansari @ Shukhruddin and Ashok Kumbar Letter addressed to Nodal Officer, Vodafone Ex.P.66 India Limited, Mumbai vide No.O.W.No.RC-
12/2018/NIA/DLI/1177, dated 11.05.2018 Certificate under Section 65-B of Indian Evidence Act of Vodafone India Limited dated Ex.P.67 21.05.2018 in respect of mobile No.7718287349.
Subscriber details record (SDR) in respect of Ex.P.68 mobile No.7718287349 Customer application form (CAF) in respect of Ex.P.69 mobile No.7718287349 Call details records (CDR) in respect of mobile Ex.P.70 No.7718287349 List of Cell ID's along with Tower Location Ex.P.71 address Letter addressed to Nodal Officer, Vodafone Ex.P.72 India Ltd., Mumbai vide No.OW.No.RC-
12/2018/NIA/DLI/1176, dated 11.05.2018 Certificate under Section 65-B of Indian Evidence Act of Vodafone India Limited dated Ex.P.73 21.05.2018 in respect of mobile No.9593389671 Subscriber details record (SDR) in respect of Ex.P.74 mobile No.9593389671 Customer application form (CDR) in respect of Ex.P.75 mobile No.9593389671 Call details record (CDR) in respect of mobile Ex.P.76 No.9593389671 List of Call ID's along with Tower location Ex.P.77 address 107 Spl.C.No.386/2018 Letter addressed to Nodal Officer, Tata Tele Service (Maharashtra) Limited, Mumbai vide Ex.P.78 No.OW.No.-RC-12/2018/NIA/DLI/1175, dated 11.05.2018.
Reply received from Nodal Officer, Tata Tele Services (Maharashtra) Limited Mumbai dated Ex.P.79 28.05.2018 in respect of mobile No.8792598158 sent vide OW.No.RC-
12/2018/NIA/DLI/1175, dated 11.05.2018 Certificate under Section 65-B of Indian Evidence Act of Tata Tele Services Ex.P.80 (Maharashtra) Limited in respect of mobile No.8792598158 Customer application form (CAF) in respect of Ex.P.81 mobile No.8792598158 Call details record (CDR) in respect of mobile Ex.P.82 No.8792598158 List of Cell ID's along with Tower location Ex.P.83 address.
Letter addressed to Nodal Officer, Bharati Ex.P.84 Airtel Limited, Mumbai vide No.O.W.No.RC-
12/2018/NIA/DLI/1174, dated 11.05.2018 Reply received from Nodal Officer, Bharati Airtel Limited, Mumbai dated 01.06.2018 in Ex.P.85 respect of mobile No.8792598158 sent vide No.O.W.No.RC-12/2018/NIA/DLI/1174 Certificate under Section 65-B of Indian Ex.P.86 Evidence Act of Bharati Airtel Limited in respect of mobile No.8792598158 Roaming call details record (CDR) in respect Ex.P.87 of mobile No.8792598158 List of Cell ID's along with Tower location Ex.P.88 address.
Letter addressed to Nodal Officer, Idea Cellular Limited, Mumbai vide letter Ex.P.89 No.O.W.No.RC-12/2018/NIA/DLI/1240, dated 18.05.2018 108 Spl.C.No.386/2018 Reply received from Nodal Officer, Ideal Cellular Limited, Mumbai vide letter No.ICL/MUM/223/2018 dated 21.05.2018 in Ex.P.90 respect of mobile No.7090681783 sent vide No.O.W.No.RC-12/2018/NIA/DLI/1240, dated 18.05.2018 Certificate under Section 65-B of Indian Ex.P.91 Evidence Act of Bideal Cellular Limited in respect of mobile No.7090681783 Customer application form (CAF) in respect of Ex.P.92 mobile No.7090681783 Ex.P.93 CDR in respect of mobile No.7090681783 List of Cell ID's along with Tower location Ex.P.94 address Production-cum-seizure memo dated Ex.P.95 26.05.2018 Letter No.CFSL(H)/610/DOC/395/CH- Ex.P.96 144/2018/2768, dated 20.08.2018 from the Director, CFSL, GEQD, Hyderabad.
Letter NoRC-12/2018/NIA/DLI/2214, dated Ex.P.97 28.08.2018 to the Director, CFSL, GEQD, Hyderabad Examination Report of CFSL(H)/610/DOC/ Ex.P.98 395/CH-144/2018/1869, dated 30.08.2018 from the Director, CFSL, GEQD, Hyderabad CFSL(H)/610/DOC/395/CH-144/2018, dated Ex.P.99 14.08.2018 report from CFSL, Hyderabad. Letter No.RC-12/2018/NIA/DLI to Director, Ex.P.100 FSL, Madiwala, Bengaluru, dated 02.09.2018 Analysis Report vide No.FSL/QD/300/2018 Ex.P.101 (Reg.No.FSL/(Be)/2151/2018) with CD containing data dated 04.09.2018 Arrest memo dated 12.09.2018 of accused Ex.P.102 Shahnoyaj Kasuri (A.5) Voice sample panchanama dated 17.09.2018 Ex.P.103 of Shahnoyaj Kasuri (A.5) 109 Spl.C.No.386/2018 F.No.RC-12/2018/NIA/DLI dated 17.09.2018 Ex.P.104 for obtaining voice sample under panchanama of Shahnoyaj Kasuri (A.5) Arrest memo dated 18.09.2018 of Gangadhar Ex.P.105 Kolkar (A.4) Voice sample panchanama dated 19.09.2018 Ex.P.106 of Gangadhar Kolkar (A.4) F.No.RC-12/2018/NIA/DLI dated 17.09.2018 Ex.P.107 for obtaining voice sample under panchanama of Gangadhar Kolkar (A.4) Voice sample panchanama dated 21.09.2018 Ex.P.108 of Gangadhar Kolkar (A.4) and Shahanoyaj Kasuri (A.5) F.No.RC-12/2018/NIA/DLI dated 21.09.2018 Ex.P.109 for obtaining voice sample under panchanama of Shahanoyaj Kasuri (A.5) F.No.RC-12/2018/NIA/DLI dated 21.09.2018 Ex.P.110 for obtaining voice sample under panchanama of Gangadhar Kolkar (A.4) Letter No.RC-12/2018/NIA/DLI/1226 dated Ex.P.111 16.05.2018 to the Regional Manager and CPIO, SBI, RBO, Malda, West Bengal.
Letter No.RBO/MALDA/17/GOVT/05, dated Ex.P.112 18.05.2018 from Regional Manager F.No.RC-12/2018/NIA/DLI/2830, dated Ex.P.113 11.10.2018 to the Regional Manager and CPIO, SBI, RBO, Malda, West Bengal Letter No.RBO/MALDA/GOVT/16, dated Ex.P.114 26.10.2018 from Regional Manager Arrest memo dated 27.10.2018 of Shukruddin Ex.P.115 Sekh (A.6) Personal search memo dated 27.10.2018 of Ex.P.116 Shukruddin Sekh (A.6) Voice sample panchanama dated 02.11.2018 Ex.P.117 with consent of Shukruddin Sekh (A.6) 110 Spl.C.No.386/2018 F.N.RC-12/2018/NIA/DLI, dated 02.11.2018 Ex.P.118 for obtaining voice sample under panchanama of Shukruddin Sekh (A.6) F.No.Letter No.RC-12/2018/NIA/DLI/3164, Ex.P.119 dated 16.11.2018 to Director, FSL, Bengaluru. Acknowledgment Receipt No.FSL(Be)/ Ex.P.120 5766/2018, dated 20.11.2018 from Director, SFSL, Bengaluru Letter No.RC-12/2018/NIA/DLI/3196, dated Ex.P.121 20.11.2018 to the Director, FSL, Bengaluru. Acknowledgment receipt No.FSL(Be)/ Ex.P.122 5765/2018, dated 20.11.2018 from Director, SFSL, Bengaluru Letter No.RC-12/2018/NIA/DLI/3181, dated Ex.P.123 20.11.2018 to the Regional Manager and CPIO, sBI, RBO, Malda, West Bengal Letter No.RBO/Malda/18/17, dated Ex.P.124 20.11.2018 from the Regional Manager, RBO/Malda Letter No.RC-12/2018/NIA/DLI/3217, dated Ex.P.125 26.11.2018 to the Director, FSL, Bengaluru Acknowledgment receipt No.FSL(Be)/ Ex.P.126 5888/2018, dated 29.11.2018 from the Director, SFSL, Bengaluru Letter No.RC-12/2018/NIA/DLI/3247, dated Ex.P.127 28.11.2018 to the Manager, SRS Travels, Mumbai Letter from Sh. Manjunath Megudi, Booking Ex.P.128 Clerk, SRS Travels, along with printout of details of PNR No.22219007 Letter dated 23.11.2018 from PI, NIA and copy of FIR No.23/2011, dated 22.02.2011 Ex.P.129 received from the Inspector in-charge, Chandannagar PS, Hooghly, West Bengal Letter No.RC-12/2018/NIA/DLI/3323, dated Ex.P.130 04.12.2018 to the Branch Manager, SBI, Malda 111 Spl.C.No.386/2018 Transcript of conversation found during lawful Ex.P.131 interception Letter addressed to Nodal Officer, Bharati Ex.P.132 Airtel Limited, Mumbai vide No.O.W.RC-
12/2018/NIA/DLI/1237, dated 18.05.2018 Reply received from Nodal Officer, Bharati Ex.P.133 Airtel Limited, Mumbai vide No.O.W.RC-
12/2018/NIA/DLI/1237, dated 18.05.2018 Certificate under Section 65-B of Indian Evidence Act of Vodafone India Limited dated Ex.P.134 21.05.2018 in respect of mobile No.9611294580 Customer application form (CAF) in respect of Ex.P.135 mobile No.9611294580 Call detail records (CDR) in respect of mobile Ex.P.136 No.9611294580 List of Cell ID's along with Tower location Ex.P.137 address in respect of mobile No.9611294580 Letter addressed to Nodal Officer, Vodafone Ex.P.138 India Limited, Mumbai vide No.O.W.RC-
12/2018/NIA/DLI/1238, dated 18.05.2018 Certificate under Section 65-B of Indian Evidence Act of Vodafone India Limited dated Ex.P.139 21.05.2018 in respect of mobile No.7829561833 Customer application form (CAF) in respect of Ex.P.140 mobile No.7829561833 Call detail records (CDR) in respect of mobile Ex.P.141 No.7829561833 Letter addressed to Nodal Officer Bharati Ex.P.142 Airtel Limited, Mumbai, vide O.W.RC-
12/2018/NIA/DLI/3130, dated 14.11.2018 Reply received from Nodal Officer Bharati Airtel Limited, Mumbai, dated 22.09.2018 in Ex.P.143 respect of mobile No.8296190882 sent vide O.W.RC-12/2018/NIA/DLI/3130, dated 14.11.2018 112 Spl.C.No.386/2018 Certificate under Section 65-B of Indian Ex.P.144 Evidence Act of Bharati Airtel Limited, Mumbai in respect of mobile No.8296190882 Customer application form (CAF) in respect of Ex.P.145 mobile No.8296190882 Call detail records (CDR) in respect of mobile Ex.P.146 No.8296190882 List of Cell ID's along with Tower location Ex.P.147 address in respect of mobile No.8296190882 Letter addressed to Nodal Officer, Vodafone Idea Limited, Mumbai vide Ex.P.148 O.W.RC-12/2018/NIA/DLI/2818, dated 11.10.2018 Reply received from Nodal Officer Vodafone Idea Limited, Mumbai vide letter No.VIL/Nodal/082/2018, dated 16.10.2018 in Ex.P.149 respect of mobile No.7718464094 sent vide O.W.RC-12/2018/NIA/DLI/2818, dated 11.10.2018 Certificate under Section 65-B of Indian Ex.P.150 Evidence Act of Vodafone India Limited in respect of mobile No.8697438137 Subscriber data record (SDR) in respect of Ex.P.151 mobile No.8697438137 Customer application form (CAF) in respect of Ex.P.152 mobile No.8697438137 Call detail records (CDR) in respect of mobile Ex.P.153 No.8697438137 GPRS call detail records (GPRS CDR) in Ex.P.154 respect of mobile No.8697438137 List of Cell ID's along with Tower location Ex.P.155 address in respect of mobile No.7718464094 Subscriber data record (SDR) in respect of Ex.P.156 mobile No.7718464094 Customer application form (CAF) in respect of Ex.P.157 mobile No.7718464094 113 Spl.C.No.386/2018 Call detail records (CDR) in respect of mobile Ex.P.158 No.7718464094 GPRS call detail records (GPRS CDR) in Ex.P.159 respect of mobile No.7718464094 List of Cell ID's along with Tower location Ex.P.160 address in respect of mobile No.7718464094 Letter addressed to Nodal Officer, Vodafone Idea Limited, Mumbai vide Ex.P.161 O.W.RC-12/2018/NIA/DLI/3159, dated 16.11.2018 Reply received from Nodal Officer Vodafone Idea Limited, Mumbai vide letter No.VIL/Nodal/087/2018, dated 19.11.2018 in Ex.P.162 respect of mobile No.9734787238 and 8436248924 sent vide O.W.RC-12/2018/ NIA/DLI/3159, dated 16.11.2018 Certificate under Section 65-B of Indian Evidence Act of Vodafone India Limited in Ex.P.163 respect of mobile Nos.9734787238 and 8436248924 Subscriber data record (SDR) in respect of Ex.P.164 mobile No. 9734787238 Customer application form (CAF) in respect of Ex.P.165 mobile No. 9734787238 Call detail records (CDR) in respect of mobile Ex.P.166 No. 9734787238 GPRS call detail records (GPRS CDR) in Ex.P.167 respect of mobile No. 9734787238 List of Cell ID's along with Tower location Ex.P.168 address in respect of mobile No. 9734787238 Subscriber data record (SDR) in respect of Ex.P.169 mobile No.8436248924 Customer application form (CAF) in respect of Ex.P.170 mobile No.8436248924 Call detail records (CDR) in respect of mobile Ex.P.171 No.8436248924 114 Spl.C.No.386/2018 GPRS call detail records (GPRS CDR) in Ex.P.172 respect of mobile No.8436248924 List of Cell ID's along with Tower location Ex.P.173 address in respect of mobile No.8436248924 Letter addressed to Nodal Officer, Reliance Ex.P.174 Jio Infocomm Limited, Mumbai vide O.W.RC-
12/2018/NIA/DLI/3160, dated 16.11.2018 Reply received from Nodal Officer, Reliance Jio Infocomm Limited, Mumbai vide letter No.RJIL/Nodal/NOV18-23, dated 20.11.2018 Ex.P.175 in respect of mobile No.6294267952 sent vide O.W.RC-12/2018/NIA/DLI/3160, dated 16.11.2018 Certificate under Section 65-B of Indian Evidence Act of Reliance Jio Infocomm Ex.P.176 Limited, Mumbai in respect of mobile No. 6294267952 Customer application form (CAF) in respect of Ex.P.177 mobile No.6294267952 Call detail records (CDR) in respect of mobile Ex.P.178 No.6294267952 List of Cell ID's along with Tower location Ex.P.179 address in respect of mobile No.6294267952 The covering letter issued by PW.16 Nodal Ex.P.180 Officer, Reliance Jio.
Ex.P.180(a) Signature of PW.16.
Ex.P.181 The CAF of Sariful Islam.
Ex.P.181(a) Signature of PW.16.
The CDR of mobile No.6294831148 for the Ex.P.182 period from 10.02.2018 to 14.11.2018. Signature of PW-16 at the last page of the Ex.P.182(a) document.
The Cell ID address details of mobile Ex.P.183 No.6294831148.
Ex.P.183(a) Signature of PW-16.
115Spl.C.No.386/2018 Ex.P.184 The 65B certificate issued by PW-16. Ex.P.184(a) Signature of PW.16.
The bank account statement of Sariful Islam Ex.P.185 from 01.01.2016 to 09.08.2021.
Ex.P.185(a) Signature of PW.17.
The document bearing name and address Ex.P.186 proof of Sariful Islam.
Ex.P.186(a) Signature of PW.17.
The certificate issued by PW.17 under Ex.P.187 Bankers Book Evidence Act.
Ex.P.187(a) Signature of PW.17.
Ex.P.188 The attested copy of the FIR No.661/2016 Ex.P.188(a) Signature of PW.17.
The attested copy of the charge sheet filed in Ex.P.189 FIR No.661/2016.
Ex.P.189(a) Signature of PW.17.
The reply sent by the ASI of Baishnabnagar Ex.P.190 Police Station, Malda District.
Ex.P.190(a) Signature of PW.17.
Ex.P.191 The covering letter issued by PW.17. Ex.P.191(a) Signature of PW.17.
The covering letter dated 30.08.2021 issued Ex.P.192 by PW.17.
Ex.P.192(a) Signature of PW.17.
The bank account statement of Sariful Islam Ex.P.193 from 29.04.2017 to 31.03.2018.
The document containing short enquiries of Ex.P.194 the transacted accounts.
Ex.P.194(a) Signature of PW.17.
The covering letter dated 30.08.2021 issued Ex.P.195 by PW.17.
Ex.P.195(a) Signature of PW.17.
116Spl.C.No.386/2018 The screenshots of the particular transaction Ex.P.196 of the bank account of Sariful Islam.
Ex.P.196(a) Signature of PW.17.
The bank account statement of Sariful Islam Ex.P.197 from 29.12.2017 to 13.01.2018.
Ex.P.197(a) Signature of PW.17.
The covering letter dated 19.11.2018 issued Ex.P.198 by PW.18.
Ex.P.198(a) Signature of PW.18.
The attested copy of CAF of mobile
Ex.P.199
No.7407516098.
The attested copy of the voter ID card of Ex.P.200 Mohammed Sahidulla.
The GPRS report (2 sheets) of mobile Ex.P.201 No.7407516098.
The cell ID address of mobile
Ex.P.202
No.7407516098.
Ex.P.203 The CAF of mobile No.7432924372.
The attested copy of the election ID card of Ex.P.204 Bablu Sekh.
The subscriber details record of the mobile Ex.P.205 No.7432924372.
The CDR of mobile No.7432924372 from Ex.P.206 charge sheet page No.141 to 208 (68 pages).
The subscriber data record of mobile
Ex.P.207
No.7407516098.
The CDR of mobile No.7407516098 from
Ex.P.208
charge sheet page No.210 to 269 (60 pages).
The cell ID address of mobile
Ex.P.209
No.7432924372.
The certificate issued by PW.18 u/S.65B of Ex.P.210 Indian Evidence Act.
Ex.P.210(a) Signature of PW.18.
The house search memo (4 sheets) dated Ex.P.211 28.08.2021.
117Spl.C.No.386/2018 Ex.P.211(a) Signature of PW.19.
Ex.P.211(b) Signature of PW.27.
Ex.P.212 The seizure memo dated 28.08.2021. Ex.P.212(a) Signature of PW.19.
Ex.P.212(b) Signature of PW.27.
Ex.P.213 Aadhar card of Sariful Islam.
Passbook of Sariful Islam in respect of Ex.P.214 account No.34493305087.
Passbook of Sariful Islam in respect of Ex.P.215 account No.35650719231.
Passbook of Doily Khatun in respect of Ex.P.216 account No.34499223482.
The mahazar (voice sample panchanama) Ex.P.217 dated 29.06.2021 Ex.P.217(a) Signature of PW.20.
Ex.P.217(b) Signature of PW.22.
Ex.P.217(c) Signature of PW.25.
Ex.P.217(d) Sample seal of the office of the I.O. Ex.P.218 Report given by PW.25 and its annexures Ex.P.218(a) Signature of PW.25.
Ex.P.219 Sample seal. Ex.P.219(a) Signature of PW.25. Ex.P.220 HP company CD containing questioned voice. Ex.P.221 Sandisk company memory card (SD card)
Arrest memo in respect of accused No.7 Ex.P.222 Sariful Islam dated 20.06.2021.
Ex.P.222(a) Signature of PW.26.
Personal Search Memo of accused No.7 Ex.P.223 Sariful Islam.
Ex.P.223(a) Signature of PW.26.
The report submitted by PW.28 to the SP, Ex.P.224 NIA, Mumbai.
Ex.P.224(a) Signature of PW.28.
118Spl.C.No.386/2018 Ex.P.225 Election ID card of Sri. Bablu Sheikh The letter dated 09.09.2021 addressed to Ex.P.226 FSL, Bengaluru.
Ex.P.226(a) Signature of PW.28.
Ex.P.227 The acknowledgment issued by the FSL Letter send to the Managers, SBI, Borokamath Ex.P.228 Branch and SBI, Dakbangalow Branch Ex.P.228(a) Signature of witness Letter send to the Managers, SBI, Ex.P.229 Dakbangalow Branch on 26.08.2021 Ex.P.229(a) Signature of witness on letter Certificate provided U/sec.65B of the Indian Ex.P.230 Evidence Act Ex.P.230(a) Signature of the witness 3 Train tickets bearing Nos.07849501, Ex.P.231 48691043 and 48691044 Ex.P.232 2 Electronic Reservation Slips 63 slips seized from the house of accused Ex.P.233 No.2 Ex.P.234 CD produced along with the charge sheet 27 pay in slips book issued by Karnataka Ex.P.235 Bank, Chikkodi Branch in favour of A-2 152 pages note book seized in the house of Ex.P.236 A-2 Ex.P.236(a) Signature of witness Ex.P.237 Blue colour diary Ex.P.238 Chocolate colour pocket diary Ex.P.239 CAF of subscriber Sariful Islam Ex.P.239(a) Signature of the witness Ex.P.240 CDR of mobile number 9732354806 Ex.P.240(a) Signature of the witness Ex.P.241 CAF of subscriber Anowar Hossain Ex.P.241(a) Signature of the witness 119 Spl.C.No.386/2018 Ex.P.242 CDR of mobile number 7407516098 Ex.P.242(a) Signature of the witness Ex.P.243 CAF of subscriber Anowar Hossain Ex.P.243(a) Signature of the witness Ex.P.244 CDR of mobile number 7407961524 Ex.P.244(a) Signature of the witness Certificate produced U/sec.65B of the Indian Ex.P.245 Evidence Act Ex.P.245(a) Signature of the witness Ex.P.246 First Information Statement (Complaint) Ex.P.247 FIR List of MOs. Marked on behalf of the prosecution :-
M.O.1 41 alleged Fake Indian Currency Notes M.O.2 Samsung handset mobile phone M.O.3 Redmi mobile phone M.O.4 Samsung Duos mobile phone Itel Mobile Phone with 2 SIM cards and M.O.5 HOPE company 8 GB memory card M.O.6 Ziox mobile phone and 2 Vodafone SIM cards M.O.7 TORK mobile phone MI Note mobile phone with TATA Docomo M.O.8 SIM card M.O.9 Samsung Mobile with Airtel SIM M.O.10 Itel Mobile phone with 2 Vodafone SIM cards List of witnesses examined on behalf of the defence :-
DW.1 Sri Sukruddin
NIL
120
Spl.C.No.386/2018
List of documents marked on behalf of the defence :-
NIL List of Material Objects (MOs) marked on behalf of the defence:-
NIL (GANGADHARA C.M.), XLIX Addl. City Civil & Sessions Judge, (Special Judge for trial of NIA Cases), (CCH-50) - Bengaluru.
*HRN/-