Delhi District Court
State vs . Amar Mandal on 7 March, 2023
IN THE COURT OF SH. SANJAY KHANAGWAL
ASJ-02: NEW DELHI DISTRICT:
PATIALA HOUSE COURTS, DELHI
Date of Judgment: 07.03.2023
FIR No. 203/2019
PS: Special Cell
U/s: 489B/489C IPC
SC No.06/2020
Unique case ID NO.DLND01-001165-2020
COMPLAINANT State
REPRESENTED BY State
ACCUSED Amar Mandal,
S/o Late Sh. Girish
Mandal
R/o Village Bhimtola,
PO Charianantapur,
PS Kaliachak, District
Malda, West Bengal.
REPRESENTED BY Sh. D. P. Pandey,
Ld. counsel for
accused
Date of Offence 06.11.2019
Date of FIR 06.11.2019
Date of Charge-sheet 15.01.2020
Date of Framing of Charges 27.09.2021
Date of commencement of evidence 19.01.2022
Date of which judgment is reserved 03.03.2023
Date of the Judgment 07.03.2023
Final Order Conviction
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 1 of 19
DETAILS OF ACCUSED :-
Rank of Name of Date of Arrest Date of Offences Whether Sentenc Period of
Accused Accused Release charged with Acquitted -e Detention
on Bail or convicted impose- Undergon
d e during
Trial for
purpose
of section
428,
Cr.P.C.
Amar 06.11.2019 NA 489B/489C Convicted -- --
Mandal IPC
LIST OF PROSECUTION / DEFENCE / COURT WITNESSES
A. PROSECUTION
RANK NAME NATURE OF
EVIDENCE
(EYE WITNESS,
POLICE WITNESS,
EXPERT WITNESS,
MEDICAL WITNESS,
PANCH WITNESS.
OTHER WITNESS)
SI Nirbhay First IO (PW1)
Singh
Rana
HC Amit Member of raiding team.
Kumar (PW2)
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 2 of 19
ASI Sanjeev Witness of raid (PW3)
Shah
HC Sushil MHC(M) (PW4)
Inspector Aditya Second IO (PW5)
B. DEFENCE WITNESS, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT
WITNESS, MEDICAL
WITNESS, PANCH WITNESS.
OTHER WITNESS)
NIL
C. COURT WITNESSES, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE
WITNESS, EXPERT
WITNESS, MEDICAL
WITNESS, PANCH WITNESS.
OTHER WITNESS)
NIL
LIST OF PROSECUTION / DEFENCE / COURT EXHIBITS
A. PROSECUTION :-
Sr. No. Exhibit Number Description
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 3 of 19
1 Ex. PW1/A Copy of DD no. 8A
2. Ex. PW1/B Dummy Wad
entrustment memo
3. Ex. PW1/C Copy of departure
entry.
4. Ex. PW1/D Seizure memo of
dummy wad
5. Ex. PW1/E Seizure memo of
FICNs
6. Ex. PW1/F Copy of DD No. 6.
7. Ex. PW1/G Rukka
8. Ex. PW1/H Seal handing over
memo
9. Ex. PW1/I Site Plan
10. Ex. PW1/J Seizure memo of bag
11. Ex. PW1/P1 303 FICN of
denomination
Rs.2,000/-
12. Ex. PW1/P2 188 FICN of
denomination
Rs.500/-
13. Ex. PW1/P3 Dummy Wad
14. Ex. PW1/P4 Bag of accused
15. Ex. PW2/A Arrest memo
16. Ex. PW2/B Personal Search
Memo
17. Ex. PW4/A to Ex. PW 4/C Photocopies of
relevant entries in
Register no. 19 & 21
18. Ex. PW5/A Disclosure statement
of accused.
19. Ex. D1 Copy of FIR
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 4 of 19
20. Ex. D2 Report of Currency
Note Press, Nasik
21. Ex. D3 Report of Currency
Note Press, Nasik
22. Ex. D4 Report of Currency
Note Press, Nasik
B. DEFENCE: NIL
Sr. No. Exhibit Number Description
Nil.
C. COURT EXHIBITS :- NIL
Sr. No. Exhibit Number Description
Nil Nil
Nil Nil
D. MATERIAL OBJECTS :- NIL
Sr. No. Material Description
Object
Number
1 Nil Nil
2 Nil Nil
JUDGMENT
1. Accused Amar Mandal has been sent up to face trial in this State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 5 of 19 Court for commission of offences punishable under sections 489B/489C IPC as to the trafficking/use/possession of Fake Indian currency notes (hereinafter referred to as "FICN").
2. The brief facts of the prosecution case is that HC Amit Kumar received a secret information regarding accused Amar Mandal of his involvement in procurement of counterfeit currency from Bangladesh. HC Amit Kumar was instructed to contact the accused Amar Mandal and struck a deal with the help of secret informer.
3. Thereafter, the information was shared with SI Nirbhay Singh Rana who on the instructions of senior officers draw the information vide DD entry. A raiding team was prepared. SI Nirbhay Rana also prepared a dummy stack of white paper currency notes and placed one genuine note of Rs.2000/- on the top and similarly placed another genuine note of Rs.2,000/- on the bottom of the wad. The said dummy wad was placed in a khaki colour envelope and was entrusted to HC Amit Kumar who was instructed to use the same as dummy customer. Thereafter, the raiding team consisting of SI Nirbhay Rana, Asi Satish Kumar, HC Amit Kumar, HC Sanjeev Saha, HC Aas Mohd, Ct. Mohit Tomar alongwith the secret informer reached at the pre-determined spot i.e. at Canara Bank near Captain Gaur Marg opposite Okhla Sabzi Mandi, Delhi.
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 6 of 19
At about 10.15 a.m, accused Amar Mandal who was carrying a bag on his right shoulder came walking down from the side of East of Kailash. The secret informer identified him as Amar Mandal. HC Amit Kumar went to accused Amar Mandal posing as decoy customer. He accordingly after having a brief chat with accused handed over one khaki colour envelope containing the dummy wad and accused Amar Mandal in exchange of the same handed over a black polythene carrying one packet. HC Amit Kumar gave a signal to the raiding party and accused Amar Mandal was apprehended. On checking the black polythene bag, it was found containing 303 FICN of Rs.2,000/- denomination each and 188 FICN of Rs. 500/- denomination each. The recovered FICN were seized and accused was arrested in the present case with the allegation of trafficking/possession of FICN. During investigation, FICN recovered from accused were sent to Currency Note Press, Nasik for expert opinion. The report was collected, as per which the recovered currency notes were found to be fake. After completion of investigation, charge-sheet was filed in the court of Ld. CMM and thereafter vide order dated 29.01.2020, the present case was committed to this court.
4. Vide order dated 27.09.2021, charges were framed against the accused Amar Mandal for commission of offence punishable u/s 489B/489C IPC to which he pleaded not guilty and claimed trial.
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 7 of 19
5. In order to prove its case, the prosecution has examined as many as five (05) witnesses:-
PW-1 Insp. Nirbhay Singh Rana. He was posted as SI in the office of Special cell. He has deposed that for past about two weeks prior to 05.11.2019, HC Amit Kumar was in receipt of secret information regarding accused Amar Mandal being indulged in counterfeit currency procured from Bangladesh. PW1 accordingly instructed HC Amit Kumar to strike a deal with accused Amar Mandal. He has deposed that on 05.11.2019, HC Amit Kumar came along-with secret informer and informed him that accused Amar Mandal has agreed to provide Rs.2,000/- counterfeit note in exchange of Rs.1000/- genuine currency and similarly, he has agreed to provide Rs.500/- counterfeit currency note in lieu of Rs.250/- genuine currency. PW1 shared this information with senior officers and after getting instructions, he recorded DD no. 8A, copy of which has been proved as Ex. PW 1/A. PW1 has further deposed that on 06.11.2019, he prepared a dummy stack of white paper currency notes and placed one genuine note of Rs.2000/- on the top and similarly placed another genuine note of Rs.2,000/- on the bottom of the wad. The said dummy wad was placed in a khaki colour envelope and was entrusted to HC Amit Kumar vide memo Ex. PW 1/B who was instructed to use the same as dummy customer as accused Amar Mandal was expected to be handing over FICN State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 8 of 19 worth Rs.7 lacs to HC Amit Kumar. Thereafter, the raiding team consisting of SI Nirbhay Rana, ASI Satish Kumar, HC Amit Kumar, HC Sanjeev Saha, HC Aas Mohd, Ct. Mohit Tomar was prepared and on 06.11.2019, the raiding party alongwith the secret informer left for the spot i.e. at Canara Bank near Captain Gaur Marg opposite Okhla Sabzi Mandi, Delhi vide DD No. 1A, copy of which has been proved as Ex. PW 1/C. At about 10.15 a.m, accused came from the side of East of Kailash carrying one bag and stood near the garbage station at Okhla Mandi who was identified by the secret informer. On his instructions, HC Amit Kumar went to Amar Mandal posing himself as decoy customer and after having a brief chat, the decoy customer handed over khaki envelope to the accused and in exchange, accused Amar Mandal handed over one black polythene carrying a packet to decoy customer HC Amit Kumar who immediately gave signal and accused Amar Mandal was apprehended by the raiding team. From the possession of the accused, one khaki envelope Ex. PW1/P3 handed over by decoy customer was recovered which was seized vide memo Ex. PW 1/D. Black polythene bag which was handed over by accused Amar Mandal to the decoy customer was also checked which was found to be carrying 303 FICN of Rs. 2,000/- denomination each and 188 FICN of the denomination of Rs.500/- each. PW1 clicked the photographs of all the recovered FICN. PW1 seized all the recovered FICN vide memo Ex.PW1/E by separately placing the recovered Rs.2000/- and State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 9 of 19 Rs.500/- FICNs in two sealed transparent plastic boxes Ex. PW 1/P1 and Ex. PW 1/P2. He prepared rukka Ex.PW1/G and handed over the same to PW3 HC Sanjeev Saha for registration of case. PW1 has further deposed that the seal after use was handed over to HC Amit Kumar vide handing over memo Ex. PW 1/H. Thereafter, the further investigation was handed over to PW5 SI Aditya Malik who came at the spot and all the seizure memos, handing over memos, recovered bag Ex. PW 1/P4 and case property and the accused was handed over to SI Aditya Malik who also prepared the site plan Ex. PW 1/I at his instance. PW5 SI Aditya seized the bag vide memo Ex. PW 1/J. PW-2 is HC Amit Kumar. He was the dummy customer who inter acted with accused Amar Mandal and exchanged the FICN with dummy wad. He was the member of the raiding team and participated in the raid, recovery and arrest of the accused. He also witnessed the seizure of the containers vide memo Ex.PW1/E, seizure of dummy wad vide memo Ex.PW1/D. He also signed the handing over memo of dummy wad Ex.PW1/B. He proved the arrest and personal search memo of accused as Ex. PW 2/A and B. PW-3 is ASI Sanjeev Saha. He was also one of the member of the raiding team. He has corroborated the testimony of PW1 SI Nirbhay Rana and PW2 HC Amit Kumar.
PW-4 is HC Sushil who was MHC (M). He has proved the relevant entries in Register No. 19 and 21 as Ex. PW 4/A and Ex. PW 4/C. He has proved the copy of Road Certificate as Ex.
State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 10 of 19 1 PW 4/B.
PW-5 is Inspector Aditya who was the second IO of the present case. He deposed that after the registration of present FIR, the further investigation was handed over to him and he accordingly reached the spot from where he seized the seizure memos, duly sealed case property alongwith FSL form, one dummy wad containing two genuine notes of Rs.2000/- each, one bag and he was also handed over the custody of accused Amar Mandal. He has proved the site plan Ex. PW 1/I. He interrogated accused and arrested him vide arrest memo Ex. PW 2/A and also took his personal search vide personal search memo Ex. PW 2/B. He also recorded the disclosure statement of accused Ex. PW 5/A. He has deposed that he also checked for CCTV footage but no CCTV camera was found installed at the spot. PW5 has further deposed that despite his best efforts, source of FICN could not be traced. After completion of investigation, PW5 prepared the charge-sheet and filed the same in the court concerned.
6. During trial, Ld. Defence counsel on behalf of the accused admitted the following documents :-
1. The copy of FIR No, 203/2019, PS Special Cell Ex. D1.
2. The opinion report of the Currency Notes Press, Nasik Ex. D2.
3. The opinion report of the Currency Notes Press, Nasik Ex. D3.
4. The opinion report of the Currency Notes Press, Nasik Ex. D4.
STATEMENT OF ACCUSED
7. After conclusion of Prosecution Evidence, statement of accused was recorded u/s 313 CrPC wherein he has denied the entire State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 11 of 19 1 prosecution case submitting that he has been falsely implicated in the present case. He was lifted from his village on 04.11.2019 and on 06.11.2019, they took him to PS Lodhi Colony where his signatures were obtained on some blank papers. He further stated that all the recoveries have been planted upon him and all the documents were prepared in the Police Station.
Contentions of the Prosecution and defence
8. I have heard and considered the submissions made by Sh. D. P. Pandey, Ld. Counsel for accused and Sh. Ashok Kumar, Ld. Addl. PP for State and also carefully gone through the material available on record.
Arguments on behalf of accused Amar Mandal :-
9. It is argued by Ld. defence counsel that accused has been falsely implicated in the present case. It is also submitted that prosecution has failed prove any intention to do the crime and in the absence of mens rea and actus reus accused is not guilty for the commission of offence.
10. It is also argued that CCTV footage in the present case has not been procured by the IO to show the authenticity of the arrest of the accused and recovery of FICN, as alleged by the prosecution. It is further argued that no CDR of the phone number of the accused has been collected to prove that he struck a deal with decoy customer nor at the time of arrest of the State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 12 of 19 1 accused, who was arrested from the public place, genuine efforts were made by the IO of the present case to join the public witnesses to join the investigation.
Points of Determination :-
11. In order to bring home the charges for the commission of offence punishable u/s 489B IPC, the prosecution is required to prove the following ingredients :-
(A) the currency-note or bank-notes in question were forged or counterfeit;
(B) the accused sold to, or bought, or received, from, some person, or trafficked in, or used, as genuine, such notes; and (C) when in doing so, he knew or had reason to believe that such notes were forged and counterfeit.
12. Similarly, to prove charges for the commission of offence u/s 489C the prosecution is required to prove that :-
(A) the accused were found in possession of the counterfeit currency notes.
(B) The accused was having knowledge the same to be counterfeit and knowing it to be used as genuine.
13. On the arguments of mobile connectivity of the accused with decoy customer HC Amit Kumar, it has not come in evidence that HC Amit Kumar ever had any telephonic conversation with accused Amar Mandal. He infact has deposed that on State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 13 of 19 1 05.11.2019, he met accused alongwith the secret informer as decoy customer and through the secret informer only, the deal was struck between them in which accused agreed to provide FICN of Rs.2,000/- in lieu of genuine currency note worth Rs.1,000/-, similarly, to provide FICN of Rs.500/- in lieu of genuine currency note worth Rs250/-. As per the testimony of prosecution witnesses, more specifically PW1 SI Nirbhay Singh Rana or PW2 HC Amit Kumar, accused Amar Mandal met PW2 HC Amit Kumar at the spot from where he was apprehended. There is nothing on record which shows that any telephonic conversation had ever taken place between them. Even if there had been any telephonic conversation between then, the prosecution is not relying upon the same. The proof of the guilt of the accused is to be seen in the light of entire evidence which are being produced by the prosecution. Therefore, this argument of Ld. Defence counsel is without any basis and is outrightly rejected.
14. On the point of mensrea for the commission of offence punishable u/s 489B/489C IPC, Ld. Defence counsel has placed reliance upon the judgment of Hon'ble Supreme Court in the matter of Umashanker v. State of Chhattisgarh 2001 LawSuit (SC) 1320. The facts of the case referred by Ld. Ld. Defence counsel are altogether on different footing whereas in the present case, the accused and the decoy customer struck a deal and they met on 06.11.2019 in which there was exchange of State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 14 of 19 1 FICN and original currency notes. The accused was carrying FICN and supplied it to the decoy customer. There is a huge recovery of FICNs i.e. 303 FICN of Rs.2,000/- denomination each and 188 FICN of Rs. 500/- denomination each of worth around Rs. 7 lacs. Accused Amar Mandal was in conscious position of dummy wads and not only that, he was intending to trade the same with decoy customer in lieu of real currency notes. Recovery of dummy wad and FICNs has been effected from the possession of accused Amar Mandal vide seizure memos Ex. PW 1/D and Ex. PW 1/E. The recovery of dummy wad from his possession shows the intention of the accused in possessing the FICN only for the purpose of trafficking and circulating the same. This is not the case where accused was possessing FICN accidently without having any knowledge of being fake. Therefore, the mensrea is very much established in this case from the facts and circumstances.
15. Ld. defence counsel has also argued that no CCTV footage has been procured by the IO. On this count, I am of the view that the onus is upon the accused to disprove the case of the prosecution as prosecution by examining the witnesses has proved the recovery of FICN in the presence of members of the raiding team. Accused is challenging the case of the prosecution, so, therefore the onus is upon the accused to bring on record such material which discredits the case of the prosecution and if the CCTV footage was so important for the defence of the accused, State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 15 of 19 1 then it was the responsibility of the accused to bring the best evidence in his support to demolish the case of the prosecution and if he fails to do so, responsibility to produce the same in the court cannot be caste upon the prosecution.
16. It has been further argued by the Ld. defence counsel that at the time of arrest of the accused, who was arrested from the public place, no genuine efforts were made by the IO of the present case to join the public witnesses to join the investigation.
On this argument, I am of the view that it has come in the testimony of PW1 SI Nirbhay Singh Rana that 5-6 passersby were asked to join the investigation but they left the spot on one reason or the other and due to paucity of time, notice could not be served upon them. It is a matter of common knowledge that members of the general public for obvious reasons, these days are reluctant to come forward and testify. Merely because, the prosecution has failed to examine any public witness, the other credit worthy witnesses and clinching testimony of the police officials cannot be discarded. Reliance in this regard is placed upon Karamjit Singh v. State (AIR 2003) SC 1311 and Izazul v. State 2007 (IV) RCR (Crl) 315. Therefore, the contention of Ld. defence counsel is not tenable in view of the facts and circumstances of the present case.
17. The total FICN worth around Rs.7 lacs were recovered from the possession of accused which were sent to Currency Note Press, State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 16 of 19 1 Nasik for expert opinion and as per the reports Ex. D2 to Ex. D4, all the notes were found to be as counterfeit notes and these reports have already been admitted by Ld. Defence counsel on behalf of accused. There is nothing on record to doubt the report of the expert. Therefore, there is no doubt that FICN recovered from the possession of accused were counterfeited.
18. In order to prove the recovery and arrest of accused Amar Mandal, testimony of PW1 SI Nirbhay Singh Rana, PW2 HC Amit Kumar and PW3 ASI Sanjeev Shah was recorded who have duly prove the case of the prosecution and also correctly identified the accused to be the same person apprehended from the spot alongwith the FICN. Therefore, the testimony of these witnesses remained unchallenged.
19. With respect to the commission of offence u/s 489C IPC is concerned, the allegations levelled against the accused that accused Amar Mandal was apprehended/arrested at the spot and from his possession, huge recovery of FICN was effected. It is also alleged that in exchange of dummy wad containing two genuine currency notes of Rs2,000/-, accused Amar Mandal handed over FICNs i.e. 303 FICN of Rs.2,000/- denomination each and 188 FICN of Rs. 500/- denomination each, to the decoy customer. The total fake Indian Currency Notes i.e. 491 which were recovered from the possession of accused were found as counterfeit notes and this report is admitted by accused State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 17 of 19 1 as Ex.D2 to Ex.D4.
So far as proving the commission of offence u/s 489C is concerned, the counterfeit currency-notes were recovered from the possession of the accused, as has been specifically proved by the witnesses. Ld. defence counsel has failed to breach the testimony of the witnesses on the point of recovery and arrest. Therefore, the possession of FICN is proved from the possession of accused Amar Mandal.
20. So far as allegations of sells/buys/receives/otherwise trafficking is concerned, it is also established in the testimony of PW1 SI Nirbhay Singh Rana, PW2 HC Amit Kumar and PW3 ASI Sanjeev Shah that accused came at the spot in pursuance to the deal struck with the help of secret informer who informed PW2 about his visit at the spot for the supply of counterfeit currency notes in lieu of the original currency. Therefore, dummy wad was prepared containing papers alongwith two original currency notes of denomination of Rs.2000 each. These notes were handed over to the accused by the decoy customer and in exchange of the same, accused handed over the FICN to PW2 HC Amit Kumar. This exchange of notes between them is sufficient to prove the ingredients of selling, buying, receiving and trafficking as defined u/s 489 IPC and there remains no doubt that the offence u/s 489B IPC has been committed by the accused. Similarly, he has also committed the offence punishable u/s 489C IPC as he was found in possession of State vs. Amar Mandal FIR No. 203/2019 PS: Special Cell Page no. 18 of 19 1 counterfeit currency notes and was exchanging the same with PW2 HC Amit Kumar for the genuine currency notes.
Moreover, in view of the unbreached testimonies of the witnesses available on record, the plea of accused regarding his false implication is without any basis. Therefore, it is established beyond reasonable doubt that charges u/s 489B and 489C IPC are proved against accused Amar Mandal.
21. Accordingly, in view of the above discussion, accused Amar Mandal is held guilty for commission of offence punishable u/s 489B and 489C IPC. He is convicted thereunder.
22. Let accused Amar Mandal, be heard on the point of sentence .
Announced in the open court
on 07.03.2023. ( Sanjay Khanagwal )
ASJ-02:NDD:PHC
State vs. Amar Mandal
FIR No. 203/2019
PS: Special Cell Page no. 19 of 19
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