Delhi District Court
State vs . Suresh And Ors. on 26 March, 2011
State Vs. Suresh and ors.
IN THE COURT OF SH. SANJIV JAIN : SPECIAL JUDGE NDPS
PATIALA HOUSE COURTS, NEW DELHI
Date of Institution : 12/10/2006
Judgment reserved on :17/03/2011
Date of pronouncement : 26/3/2011
SC No. 61/08
ID No. 0243R0676452006
FIR No. 330/06
PS Subzi Mandi
State Vs. 1. Suresh
S/O Singh Ram
R/O 1608 Gali Bariyan,
Himmat Garh Chowk,
Sita Ram Bazar Delhi
2. Shamim Akhtar
@ G.T. Saleem
S/O Wajool Haque
R/O 85/280, Lady Harding
Staff Quarter, Panchkuian
Road New Delhi
3. Zaffir Ahmad
S/O Noorul Hoda
R/O A517, Amar Puri,
Krishna Basti, Nabi Karim,
Delhi
1
State Vs. Suresh and ors.
4. Kundan Singh
S/O Puran Singh
R/O 1608, Gali Boriya,
Himmat Garh Chowk,
Sita Ram Bazar, Delhi
5. Allauddin
S/O Mohd. Fazal
R/O A9192 Ram Nagar
Nabi Karim Delhi
6. Mohd. Wasim
S/O Mohd. Mustkeem
R/O H.No. 7557 Gali
Panchakki near badi
Masjid Kasabpura
Sadar Bazar, Delhi
JUDGMENT
1. Accused have been sent to stand trial for the offences punishable u/s 120B, 489A, 489B, 489C, 489D read with section 34 IPC registered at the Police Station Subji Mandi vide FIR no. 330/06.
2. The case was registered on the statement of Ramji. He alleged that on 13/8/2006 at about 11:15 a.m. accused Suresh came at his rehri with a note of Rs.100 denomination bearing no. 6 TS 365J63 to purchase one dozen banana. Suspecting the note to be 2 State Vs. Suresh and ors.
counterfeit, he showed it to a customer Naresh Kumar standing at his rehri who also found it a counterfeit note. Both of them took the search of the accused Suresh and recovered 30 counterfeit notes of Rs.100 denomination from his right pocket of pant. They informed the police.
SI Harish Chander came there on receipt of DD no. 14A. Ramji handed over the notes and the accused to the SI. He made a pullanda, sealed it with the seal of HCR and gave the seal after use to Ct. Shailender. He interrogated the accused Suresh who took the police party to IIIrd floor of house no. 1608, Himmat Garh chowk, Sitaram Bazar, Delhi from where he took out 29 fake currency notes of Rs.100 denomination from an iron box which was kept in a wooden almirah. The notes were kept in an envelop and sealed with the seal of HCR. Accused Suresh then took them to room no. 2 of the first floor of the house and called the accused Kundan. Search of Kundan was taken. From his right pocket of pant, 45 fake currency notes of Rupees 100 denomination were recovered. They were also seized and sealed with the seal of HCR. They also disclosed about some of their associates. On 16/8/2006 on the asking of police, they called their associates at Sheela Cinema. At their instance, the police party apprehended the accused Shamim and Zaffir. From the right pocket 3 State Vs. Suresh and ors.
of pant of accused Shamim, 50 fake currency notes of Rs.100 denomination were recovered. They were also sealed with the same seal. From the right pocket of pant of accused Zaffir, 6 Indian fake currency notes of Rs.100 denomination were recovered. They were also sealed and seized. Both Shamim and Zaffir were arrested. The fake counterfeit notes were deposited in the malkhana.
On 13/9/2006, the notes in sealed packets were sent to Reserve Bank of India for opinion where the notes were opined as counterfeit. The notes were also sent to Currency Note Press, Nasik where they were also opined to be counterfeit. Investigation revealed that aforesaid notes were prepared by the accused Wasim and Allaudin. They had given the counterfeit currency notes to the above accused for use. The Police had already arrested them in the case FIR 710/06 at the Police Station Connaught Place. Relevant documents were collected from the Police Station. Both the accused Wasim and Allauddin were also arrested in this case. After the investigation, the charge sheet was filed.
3. After taking cognizance of offence and supplying copy of the charge sheet to the accused persons u/s 207 Cr.P.C. the case was committed to the Court of Sessions which was allocated to this 4 State Vs. Suresh and ors.
court.
4. The predecessor of this court after hearing detailed arguments vide order dated 1/5/2007 made out prima facie case against all the accused persons. Accordingly the charge was framed against the accused Wasim and Allaudin u/s 489A/489D/34 IPC for printing the fake currency notes recovered from the possession of accused Suresh, Kundan, Shamim and Zaffir Akhtar. Accused Zaffir Akhtar was charged u/s 489C IPC for possessing six fake currency notes of Rs.100 denomination. Accused Kundan was charged u/s 489C IPC for possessing 45 fake currency notes of Rs.100 denomination, Suresh was charged u/s 489 B and 489 C IPC for passing fake currency notes of Rs.100 denomination to a fruit vendor Ramji, possessing 30 notes of Rs.100/ denomination near Ghanta Ghar, getting recovered 29 fake currency notes of Rs.100 denomination from his house at Himmatgarh chowk, Sitaram Bazar. Shamim Akhtar was charged u/s 489 C IPC for possessing 15 fake currency notes of Rs.100 denomination at Sheela Cinema. All the accused persons pleaded not guilty and claimed trial.
5. To prove its case, the prosecution examined as many as fifteen witnesses. Ld. APP also tendered the report of the currency 5 State Vs. Suresh and ors.
note Press, Nasik ExPX in evidence.
PW1 HC Devinder Prasad recorded the FIR ExPW1/1 710/06 at PS Connaught Place.
PW2 Ct. Tarkeshwar was present when the accused Allauddin made disclosure statement ExPW2/1 in the case FIR 710/06PS Connaught Place. In his presence, the accused pointed out the place of occurrence and took the police party to his house at A 91/92 Ram Nagar, Nabi Karim, Delhi.
PW3 Ramji was the complainant.
PW4 Ct. Sreepal deposited the pullandas seized in the case FIR 710/06 to CFSL, Hyderabad.
PW5 Ct. Ramesh Kumar was present when the accused Wasim and Allauddin were arrested in the case FIR no. 710/2006 PS Connaught Place. He stated that from their possession, fake currency notes of Rs.500 and Rs.1000 were recovered.
PW6 Sh. Devender Kumar was the treasurer in RBI. He 6 State Vs. Suresh and ors.
proved the report ExPW6/1 prepared by Sh. D.K. Gautam, Officiating Treasurer vide which notes seized from the accused were found to be fake currency notes.
PW7 HC Chajju Lal recorded the FIR of the present case and proved its copy ExPW7/1. He also witnessed the recovery effected at the instance of accused Suresh, Kundan, Shamim and Zaffir and proved the seizure memo ExPW7/4, ExPW7/5, ExPW7/8 and ExPW7/9. He identified the case property ExPW11/1, ExPW11/2, ExPW11/3 and ExPW11/4 colly.
PW8 Ct. Shailender accompanied the SI Harish Chander at Ghanta Ghar, Subzi Mandi near Akhara where Ramji and Naresh Kumar had apprehended the accused Suresh with fake currency notes.
PW9 HC Rajender Singh had taken the pullanda bearing the seal of HCR to RBI. He handed over it to the officer of RBI and got the report which he handed over to the IO along with unsealed pullandas which were resealed by the IO and deposited in the malkhana. On 3/10/2006 he took the five sealed pullandas bearing the seal of HCR along with a forwarding letter and deposited with the 7 State Vs. Suresh and ors.
Currency note Press, Nasik for opinion.
PW10 Sh. Naresh Kumar was the customer standing at the rehri where the accused Suresh was apprehended with the fake currency notes.
PW11 SI Harish Chander was the IO of this case.
PW12 SI Daya Chand arrested the accused Wasim and Allauddin in the case FIR no. 710/06 and recovered the fake currency notes of Rs.500 denomination and Rs.1000 denomination from their possession vide seizure memo ExPW12/A and ExPW12/B. He also handed over the copy of the disclosure statement of the accused to SI Harish Chander.
PW13 ASI Mohd. Naim arrested both the accused in the case FIR no. 710/06 and handed over the relevant documents of the case FIR no. 710/06 to SI Harish Chander.
PW14 HC Amar Pal was the Incharge Malkhana PS Subji Mandi where the case property of the present case was deposited. He made the relevant entry ExPW14/A to ExPW14/C in the malkhana 8 State Vs. Suresh and ors.
register.
PW15 Ct. Murli Dhar collected the envelops containing fake currency notes of Rs.100 denomination from Nasik and handed over to MHC(M).
6. Accused were examined u/s 313 Cr.P.C. where they controverted the entire prosecution case and pleaded their innocence. They stated that they did not make any disclosure statement rather the police had taken their signatures on various written or semi written papers without disclosing its contents. They also denied the recovery and using fake counterfeit currency notes as genuine.
7. I have heard the arguments advanced by Ld. counsel Sh.Ashok Arya and Sh. S. K. Verma for the accused Kundan and Sh.K.J.S. Maan for the other accused persons and perused the entire evidence on record.
8. The genesis of the present case was the testimony of PW3 Ramji. He was the main witness in the present case as the whole prosecution machinery came in motion at his instance. He totally 9 State Vs. Suresh and ors.
turned hostile and did not support the prosecution case in any manner. He stated that on 31/8/2006 he was selling bananas. One customer came and asked the rate of bananas however he did not purchase them. He does not know what happened thereafter. He stated that he cannot identify the customer as lot of customers come to him everyday. He stated that one police man had come and inquired from him whether anyone had come to purchase bananas whom he told that a person had come but since he did not have the change, he did not buy bananas. He stated that on the asking of police, he signed on a paper and came back for selling bananas. He denied that the person who had come to purchase bananas had given him a currency note of Rs.100 denomination and on realising that it was the fake currency note, he showed it to Naresh Kumar, another customer who told him that it was fake currency note. He denied that he and Naresh Kumar apprehended the accused Suresh and recovered 30 fake notes of Rs.100 denomination from him. He denied having made the statement ExPW3/1 allegedly recorded during the investigation. Although he admitted his signatures on the statement but he stated that the contents of the statement were not read over to him. He gave the similar reply in respect of the seizure memo ExPW3/2. He stated that the currency notes produced during evidence were not recovered in his presence rather the police had 10 State Vs. Suresh and ors.
obtained his signatures on some papers, contents of which were not read over to him.
9. The other star witness PW10 Naresh Kumar too did not support the prosecution case. He stated that in the morning at about 10:0010:30 a.m. he had gone to the rehri of PW3 Ramji to buy bananas. He heard some noise ''jali note hai jali note hai''. He stated that he cannot identify the person who was carrying the fake currency notes. He stated that his signatures were obtained on some papers. He was also declared hostile by the prosecution. He stated that Ramji had shown him the currency note and asked him to check. He stated that he cannot say whether the accused Suresh was the person who had given the fake currency note to Ramji. He stated that the search of the accused was not taken in his presence. He also denied that he and Ramji had taken the search of the accused and recovered 30 fake currency notes of Rs.100 denomination from his right pocket of pant which they handed over to the police. He stated that his signatures on ExPW3/2 were obtained without explaining him its contents. He gave the similar reply qua ExPW8/A and ExPW8/B and stated that when he signed those papers, they were blank. 11 State Vs. Suresh and ors.
10. According to PW11 IO, he came at the spot on receipt of DD no. 14A as per which near Ghanta Ghar, Subzi Mandi Police Booth a person using fake currency note was apprehended. He stated that he reached the spot at 11:45 a.m. where PW3 and PW10 produced the accused Suresh with fake currency notes and got recorded the statement ExPW3/1. He stated that he seized the currency notes in a pullanda using the seal of HCR vide memo ExPW3/2 and gave the seal after use to Ct. Shailender. He prepared the site plan ExPW11/C at his instance and arrested him. He stated that he interrogated the accused Suresh who made disclosure ExPW7/3 and on 14/8/2006 he took them to IInd floor of House No. 1608, Himmat Garh Chowk, Sita Ram Bazar, Delhi where Suresh took out 29 fake currency notes of 100 denomination from an iron box kept in an almirah which he seized vide memo ExPW7/4. He stated that the accused then took them to room no. 2 of Ist floor, called Kundan and from the right pocket of his pant, they recovered 45 fake currency notes of Rs.100 denomination which were seized vide memo ExPW7/5. He stated that on 16/8/2006 the accused persons called their associates at Sheela Cinema Hall on their mobile where the accused Zaffir and Shamim came at 1:001:30 p.m. and at the instance of accused Suresh, they apprehended the accused Shamim and Zaffir and recovered the fake currency notes of Rs.100 12 State Vs. Suresh and ors.
denomination vide seizure memo ExPW7/8 and ExPW7/9. He stated that he interrogated both the accused, recorded their disclosure ExWP11/E and F and deposited the case property in the malkhana. He stated that on 13/9/2006 he got the pullandas sent to RBI for opinion and thereafter on 3/10/2006 he sent the pullandas to Currency Notes Press, Nasik.
He stated that on 28/12/2006 he received an information that their coassociates Wasim and Allaudin were arrested by the police at PS Connaught Place FIR no. 706/2006. He collected the relevant record and arrested them in the present case. He stated that the accused Allauddin led them to House no. A9192, Ram Nagar, Nabi Karim, Delhi where he alongwith Wasim used to prepare fake currency notes with the help of computer and other equipments and give to the accused Suresh, Kundan, Shamim Akhtar and Zafir Ahmad for use. He identified the currency notes ExPW11/1 to ExPW11/4.
On being cross examined, he admitted that he did not record the statement of any other public witness nor he tried to associate any public person on the spot. He did not lift the finger prints of the accused from the notes seized. He stated that they left 13 State Vs. Suresh and ors.
the Police Station with the accused Suresh at 1:30 a.m. and recovered the notes from the pant of accused Kundan. He stated that on the spot, they had informed someone on telephone however he failed to disclose the name of someone. He stated that before leaving for the search of the house of accused Suresh, he had recorded the DD entry but in the instant case no such entry is placed on record. He stated that he kept his seal with him till the recovery and handed over it after the last recovery i.e. on 14/8/2006 and 16/8/2006. Perusal of the record and other documents reveals that after the first seizure, he had handed over the seal to Ct. Shailender. There are contradictions as to from where the alleged recovery of counterfeit notes was effected. According to the prosecution, accused Suresh led them to IIIrd floor of the house and got recovered the notes but PW11 the IO has stated that the recovery was effected from the second floor. PW7 ASI Chajju Lal also contradicted the testimony of PW11 on material aspects. He stated that the gate of the residential premises was got opened by the accused Suresh from some one. It is strange that he was not made witness to the search proceedings though material. The infirmities pointed out above also make the prosecution case suspect which does not find support from the independent witnesses. 14 State Vs. Suresh and ors.
11. In the instant case, as evident from the testimony of the prosecution witnesses, the fake currency notes were first sent to the RBI. The constable who had taken the notes to RBI has stated that the treasurer after opening the pullanda gave him the report along with the unsealed pullanda which he handed over to the MHC(M) where the IO PW11 put his seal of HCS and thereafter deposited in the malkhana. PW11 never stated this fact in his testimony that he resealed the case property in the malkhana before sending it to Currency Notes Press, Nasik.
12. Now coming to the recovery from Shamim and Zaffir, PW7 has stated that they had gone to Sheela Cinema in a private vehicle but he could not tell its number. He stated that the IO did not call any public person from the theatre to witness the proceedings. PW11 has stated that on their telephone, the accused Suresh had called the accused Shamim and Zafir at Sheela Cinema but no call details are placed on record by the prosecution to corroborate this fact. Public witnesses PW3 and PW10 were not joined when the accused Suresh was interrogated. No house search of accused Kundan was made. Accused Shamim and Zaffir were not taken to their house for further search and recovery. PW7 stated that they remained at the house till 6:007:00 p.m. and he had seen some persons there. Surprisingly 15 State Vs. Suresh and ors.
none was joined. He stated that IO handed over the seal after use to him on all the days during the investigation which he used to hand over back to the IO after the case property is deposited in the malkhana which is contrary to what PW11 stated in his testimony. In the instant case as stated by PW11 the disclosure statement of accused Suresh was recorded at 5:00 pm but police party went to his house at 1:00/1:30 p.m. No plausible explanation came from the side of prosecution as to why the raid at the house of accused was conducted so late.
13. It is manifest from the record that the accused Wasim and Allauddin had already been arrested in the case FIR no. 710/2006 PS Connaught Place. Recovery had already effected from them. Except the pointing out memo and the disclosure statement there is no material to connect the accused Wasim and Allauddin in the present case. The prosecution did not produce any evidence to show that the accused had given the fake currency notes to the coaccused namely Suresh, Kundan, Shamim and Zaffir for their use or that the accused were party to the circulating of fake currency notes and using the same as genuine. The notes allegedly recovered from the accused Suresh, Kundan, Shamim and Zaffir were not got matched with the notes, the accused Wasim and Allauddin were allegedly making. 16 State Vs. Suresh and ors.
14. On an analysis of the testimony of the prosecution witnesses coupled with the documents placed on record, more particularly the testimony of PW3 and PW10, the prosecution case cannot be taken as proved against the accused persons beyond reasonable doubt. The basic foundation of this case is weak. The superstructure cannot rest on such a weak foundation. The accused have stated that nothing was recovered from them or at their instance and they have been falsely implicated in the present case.
15. In a criminal trial, the burden of proving everything essential to establishment of the charge against the accused always rest on the prosecution, as everyman is presumed to be innocent until the contrary is proved, and criminality is never to be presumed subject to statutory exception.
16. For the reasons stated above, I am of the considered opinion that all the accused persons deserve benefit of doubt. I, therefore, acquit all the accused persons of the offences giving them benefit of doubt. Their bail bonds be cancelled. Their sureties be discharged. Accused Wasim be set at liberty forthwith if not required in any other case. The case property be confiscated to the State after 17 State Vs. Suresh and ors.
the expiry of period of appeal/revision.
File be consigned to Record Room.
Announced in open Court on this 26 day of March, 2011 th (Sanjiv Jain) Special Judge NDPS : New Delhi Patiala House : New Delhi 18