Delhi District Court
State vs Mohd Kamil on 14 October, 2025
IN THE COURT OF DR. HARDEEP KAUR: ASJ-02:
NEW DELHI DISTRICT: PATIALA HOUSE COURTS, DELHI
Date of Judgment: 14.10.2025
FIR No. 58/2018
PS: Special Cell
U/s: 489B/489C/120B IPC
SC No.126/2019
Unique case ID NO.DLND01-004398-2019
COMPLAINANT State
REPRESENTED BY State
ACCUSED Mohd. Kamil,
S/o. Mohd. Ramjani
R/o. VPO Nangla Rai
Khera, PS Jairana, District
Shamli, U.P.
REPRESENTED BY Sh. Piyush Sachdev, Ld.
LAC for accused
Date of Offence 10.05.2018
Date of FIR 10.05.2018
Date of Charge-sheet 06.08.2018
Date of Framing of Charges 05.12.2018
Date of commencement of evidence 12.02.2019
Date on which judgment is reserved 14.10.2025
Date of the Judgment 14.10.2025
Final Order Convicted
DETAILS OF ACCUSED :-
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 1 of 50
Rank of Name of Date of Date of Offences Whether Sentence Period of
Accused Accused Arrest Release on charged Acquitted imposed Detention
Bail with or Undergone
convicted during Trial
for purpose
of section
428, Cr.P.C.
Mohd. 10.05.2018 19.08.2023 489B/ Convicted -- --
Kamil 489C 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)
ERS Rajeshwar To verify the AVTM Ticket (PW1)
Dayal
SI Satender To prove interception request (PW2)
Flying Officer Vinod Kumar To prove 11 tickets (PW3)
(Assistant) Yadav
HC Mukesh Went to Currency Note Press, Nasik
(PW4)
HC Manish Went to Currency Note Press, Nasik
Kumar (PW5)
Dy. General Nilesh To prove report of Currency Note
Manager Ramesh Press, Nasik (PW6)
Jadhav
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 2 of 50
Nodal Officer Sh. Pawan To provide CAF and CDR (PW7)
(Vodafone) Singh
HC Danish Haider Member of raiding team (PW8)
Sh. Ravinder Public Witness (PW9)
ASI Narayan Ram Duty Officer (PW10)
ASI Abdul Ahad To prove interception calls (PW11)
Khan
SI Manish Member of raiding team (PW12)
Kumar
Inspector Anand Singh 2nd IO (PW13)
HC Sushil Kumar MHCM (PW14)
ACP Rahul Kumar 1st IO (PW15)
Singh
Inspector Sumit Kumar IO who filed the charge-sheet
(PW16)
Nodal Officer Sh. Rajeev To provide CAF and CDR (PW17)
(Tata Ranjan
Teleservices
Ltd.)
B. DEFENCE WITNESS, IF ANY :- NA
RANK NAME NATURE OF EVIDENCE
(EYE WITNESS, POLICE WITNESS,
EXPERT WITNESS, MEDICAL
WITNESS, PANCH WITNESS. OTHER
WITNESS)
C. COURT WITNESSES, IF ANY :- NA
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 3 of 50
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
1 Ex.PW1/A Verification report sent by
Senior Commercial Manager
2. Ex.PW1/B List of tickets sold out
3. Ex.PW1/C Original ticket
4. Ex.PW2/A Letter to Nodal Officer,
Vodafone for interception
facility
5. Ex.PW3/A Detailed report of 11 tickets
6. Ex.PW3/B Copy of notice u/s 91 Cr.P.C.
7. Ex.PW6/A Detailed report of CNP, Nasik
9. Ex.PW7/A CAF pertaining to mobile
no.9756345806
10. Ex.PW7/A1 CAF pertaining to mobile
no.9053461569
11. Ex.PW7/B CDRs pertaining to mobile
number 9756345806
12. Ex.PW7/B1 CDRs pertaining to mobile
number 9053461569
13. Ex.PW7/C Certificate u/s 65B for mobile
number 9756345806
14. Ex.PW7/C1 Certificate u/s 65B for mobile
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 4 of 50
number 9053461569
15. Ex.PW7/D CAF pertaining to mobile
number 8328725763
16. Ex.PW7/E CDRs pertaining to mobile
number 8328725763
17. Ex.PW7/F Certificate u/s 65B for mobile
number 8328725763
18. Ex.PW7/G CAF pertaining to mobile
number 9953735759
19. Ex.PW7/H CDRs pertaining to mobile
number 9953735759
20. Ex.PW7/I Certificate u/s 65B for mobile
number 9953735759
21. Ex.PW7/J CAF, CDRs and Certificate u/s
65B for mobile number
8328725763
22. Ex.PW7/K CAF, CDRs and Certificate u/s
65B for mobile number
9953735759
23. Ex.PW8/A Sheet containing serial number
of FICNs
24. Ex.PW8/B Sheet containing serial number
of FICNs
25. Ex.PW8/C Seizure memo of case property
26. Ex.PW8/P1 Currency Note amounting to
Rs.8 lacs
27. Ex.PW8/P2 Bag along with clothes and
articles
28. Ex.PW10/A Computerized copy of FIR
29. Ex.PW10/B Certificate u/s 65B Indian
Evidence Act
30. Ex.PW10/C Endorsement on Rukka
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 5 of 50
31. Ex.PW11/A Intercepted conversation
32. Ex.PW11/B Seizure memo of intercepted
calls
33. Ex.PW12/A Disclosure statement of
accused
34. Ex.PW12/B Seizure memo of mobile
phones
35. Ex.PW12/C Seizure memo of railway and
bus tickets
36. Ex.PW12/D Arrest memo
37. Ex.PW12/E Personal search memo
38. Ex.PW12/F Supplementary disclosure
statement
39. Ex.PW12/P2 (Colly) Mobile phones recovered from
accused
40. Ex.PW13/A Site Plan
41. Ex.PW14/A Entry No.1533 in malkhana
register.
42. Ex.PW14/B Entry No.1539 in malkhana
register.
43. Ex.PW14/C Copy of Road Certificate
44. Ex. PW14/D Acknowledgment Receipt
45. Ex.PW15/A Rukka
46. Ex.PW17/A Certified copies of CAF
pertaining to mobile number
7206230547
47. Ex.PW17/B CDRs pertaining to mobile
number 7206230547
48. Ex.PW17/C Certificate u/s 65B of IEA
pertaining to mobile number
7206230547
49. Ex.PW17/D Forwarding letter
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 6 of 50
B. DEFENCE: NIL
Sr. No. Exhibit Number Description
Nil.
C. COURT EXHIBITS :- NIL
Sr. No. Exhibit Number Description
Nil Nil
D. MATERIAL OBJECTS :- NIL
Sr. No. Material Object Number Description
1. Nil Nil
JUDGMENT
1. Accused Mohd. Kamil has been sent up to face trial in this 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 are that on 10.05.2018, SI Anand Singh was informed about the apprehension of accused Mohd. Kamil under the foot over bridge under Seelampur Metro Station Bus Stop, G. T. Road, Seelampur, Delhi and he was State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 7 of 50 entrusted with the investigation of the present case being the second IO. SI Anand Singh accordingly reached at the spot where he met Inspector Rahul Kumar Singh who handed over the custody of accused Mohd. Kamil and case file with the case property. Inspector Rahul Kumar Singh also produced one pubic witness namely Ravinder R/o Dharampura, Delhi. SI Anand Singh interrogated the accused and arrested accused Mohd. Kamil in the present case. He prepared the site plan at the instance of Inspector Rahul Kumar Singh and as per the contents of the FIR, a team was working on the information regarding the syndicates involved in pumping and circulation of FICNs and circulated in Delhi and other states for which secret informers were deployed in various areas of Delhi and other states.
On 10.05.2018 at about 12:30 AM, a specific information was received by Inspector Rahul Kumar Singh from one of the deployed secret source that one Kamil R/o. Shamli, U.P. has collected a huge consignment of FICN from West Bengal based FICNs syndicate kingpin Martuz and at around 02:30 PM he will meet one of his associate under the foot over bridge, near Seelampur Metro Station Bus Stop, G.T. Road, Seelampur, Delhi to deliver the consignment of FICN. This information was recorded in writing in DD and discussed with senior officers. As per direction of a team consisting of SI Mahabir Singh, ASI Manish Kumar, ASI Satyender Kumar, ASI Ahmed Khan, HC Abdul Ahad Khan, HC Suresh Kumar, Constable Danish Haider, Constable Sarvan and Inspector Rahul State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 8 of 50 Kumar Singh was formed. Raiding team left the office of Special Cell/ NDR at about 01:00 PM in one Government vehicle bearing registration no.DL-1CZ-1884 (Ertiga) & 2 private two wheelers and reached at the spot at about 01:50 PM. Inspector Rahul Kumar Singh asked 8-10 passersby to join the raiding party but all of them refused. Thereafter, the team was deployed around the spot at strategic places. Inspector Rahul Kumar Singh along with secret informer took position near the bus stop.
At about 02:35 PM, one person was seen coming from Seelampur Metro Station side on foot, who was having one black colour shoulder bag on his right shoulder, who stopped under the foot over bridge and started waiting for some one. The person was identified by the secret informer as Kamil R/o. Shamli. After waiting for some time, when no one came, accused started walking towards ISBT Kashmere Gate. At about 02:40 PM, as per the signal given by Inspector Rahul Kumar Singh, accused was apprehended who on enquiry disclosed his identity as Md. Kamil. On his apprehension, some public persons also gathered there and Inspector Rahul Kumar Singh requested them to join the proceedings on which one Ravinder R/o. Dharampura, Delhi agreed to join the further proceedings of the raid. Thereafter, on taking search of his shoulder bag, the same was found containing one white colour polythene containing mosquito net. On further checking of his bag, one white colour polythene, one green colour bag having written State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 9 of 50 www.Shiksha.com CD on it, which was found being concealed in the mosquito net. On opening the green colour bag, two packets, each wrapped in white transparent polythenes, were found. On further checking each packet was found containing 200 notes in the denomination of Rs.2000/- totalling to Rs.8 lacs. On questioning about the recovered money, above accused got perplexed but on further enquiry he informed that the recovered money is fake/ counterfeited Indian Currency Notes. On carefully examining the recovered currency notes, the same were found counterfeited one; the quality of paper, printings, colour and thread mark, appears not to be genuine and some security features were found missing. Most of the notes were found to be having same serial numbers. List of serial numbers of FICNs were prepared on separate sheets as per packets. Recovered FICNs along with recovered white transparent polythenes and brown covers were kept in two separate transparent zipped pouch/ polythene and both sealed with the help of doctor tap and seal of SPL CELL NDR 12 and marked as Ex-1 and Ex-2. All the remaining articles were kept back in the same black colour shoulder bag and the bag was sealed with the seal of SPL CELL NDR 12 with the help of cloth strip. Form FSL was also filled up at the spot. Seal after use was handed over to Constable Danish Haider.
On interrogation, accused disclosed that he received the recovered FICNs from one Martuz, R/o. Vill Jagdish Pur, Malda, West Bengal and further was to deliver to one of his State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 10 of 50 1 associate Kaiyum R/o Malda, West Bengal, presently staying in Kailash Nagar, Gandhi Nagar, Delhi, for further circulation. Thereafter, Rukka was prepared and handed over to Constable Danish Haider for registration of FIR. During investigation, the exhibits were deposited in FSL. During investigation, efforts were made to trace and apprehend the above mentioned Kaiyum and Martuz, but despite all possible efforts, no clue about the above mentioned has yet been found. Investigation qua accused Martuz and Kaiyum was kept open. After completion of investigation, charge-sheet was filed in the court of Ld. CMM, NDD on 06.08.2018 and vide order dated 03.10.2018, the present case was committed to this Court.
3. Vide order dated 05.12.2018, charges were framed against the accused Mohd. Kamil for commission of offence punishable u/s 489B/489C IPC to which he pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution has examined as many as seventeen (17) witnesses:-
PW-1 Sh. Rajeshwar Dayal, ERS, IRCA Building, New Delhi. He has brought the record of verification of unreserved ticket no.00A-35157559 issued from AVTM (automated ticket vending machine) of Anand Vihar Terminal Railway Station. The said ticket was issued from the AVTM of Anand Vihar Terminal Railway Station on 05.05.2018 at 1:26 PM for journey State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 11 of 50 1 from Anand Vihar Railway Station to Malda Town Railway Station in second class superfast for one adult passenger. He proved the verification report Ex.PW1/A. He also proved list on record Ex.PW1/B and original ticket Ex.PW1/C on record.
PW-2 SI Satender, SO-II to Special CP, Special Cell, Delhi. He has deposed that Dr. M. M. Oberoi, Special Commissioner of Police had made a request to the Union Home Secretary for making interception of three Vodafone mobile numbers as the mandate of Section 5(2) of the India Telegraph Act, 1885, for a period of 60 days w.e.f. 24.04.2018. The said request was duly accepted by the Union Home Secretary vide order no.18/14/3/97-T dated 24.04.2018 and accordingly the Special Commissioner of Police, Dr. M. M. Oberoi wrote a letter to Nodal Officer, Vodafone, Delhi for providing the interception facility of mobile phone nos. 8327400237, 8328725763 & 9565056160 as mentioned in the letter Ex.PW2/A. He has identified the signature of Dr. M. M. Oberoi, Special CP as he had seen him writing and signing during the official course of duties being his SO.
PW3 Vinod Kumar Yadav, Flying Officer (Assistant), Transport Department, Haryana. He has deposed that at that time, he was posted at ISBT, Kashmere Gate. He deposed that he duly verified all the 11 numbers of the 11 tickets and prepared his detailed report Ex.PW3/A (OSR). He has proved the copy of State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 12 of 50 1 notice u/s 91 Cr.P.C Ex. PW 3/B received in his office. He has deposed that the said series of tickets were issued to Sushil Rawal (Conductor) for onward sale to the passengers and tickets in question were genuine one. He also deposed that they do not maintain the record of passengers to whom the said tickets are sold.
PW4 HC Mukesh was posted as Constable at Special Cell, SWR, Janak Puri, Delhi on 15.05.2018. He has deposed that on that day, as per the instructions of the IO, he along with HC Manish Kumar had collected two transparent zipped pouch sealed with the seal of SPL CELL NDR 12 from MHCM HC Sushil Kumar vide RC no.91/21/18 and took the same to Nasik where they reached on 17.05.2018 and deposited the case property in Government Printing Press Nasik. Receipt of the same was given to SI Anand Singh.
He further deposed that on 15.06.2018, as per directions of IO, he along with HC Manish Kumar had again gone to Government Printing Press, Nasik where from they collected the result of FICNs and brought the same along with the case property to the Delhi. They had handed over result to the IO whereas the case property was deposited in the Malkhana.
PW5 HC Manish Kumar was posted at Special Cell, Lodhi Colony. He has deposed that on 15.05.2018, as per the instructions of the IO, he along with Constable Mukesh had State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 13 of 50 1 collected two transparent zipped pouch sealed with the seal of SPL CELL NDR 12 from MHC(M) HC Sushil Kumar vide RC no.91/21/18 and took the same to Nasik where they reached on 17.05.2018 and deposited the case property in Government Printing Press Nasik. Receipt of the same was given to SI Anand Singh.
He further deposed that probably within one month of their earlier visit to Nasik, as per directions of IO, he along with HC Manish Kumar had again gone to Government Printing Press, Nasik where from they collected the result of FICN and brought the same along with the case property to the Delhi. They had handed over result to the IO whereas the case property was deposited in the Malkhana.
PW6 Sh. Nilesh Ramesh Jadhav, Deputy General Manager, India Security Press, Nasik, Maharashtra. He had examined 400 notes in the denomination of Rs.2000/- each and gave his detailed report Ex. PW 6/A. As per the report, all the suspected notes were found to be counterfeited.
PW7 Sh. Pawan Singh, Nodal Officer, Vodafone Idea Ltd. He has deposed that on 30.07.2018, as per the request of Investigating Agency, he had provided the CAF along with the CDRs of mobile phone numbers 9756345806 and 9053461569. As per record, mobile phone no. 9756345806 was registered in the name of Imran S/o Sh. Kamil whereas mobile phone number State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 14 of 50 1 9053461569 was registered in the name of Mohd. Kamil S/o Ramzani. He has proved the certified copy of CAFs pertaining to mobile no.9756345806 and 9053461569 consisting of two pages each Ex.PW7/A and Ex.PW7/A1. He has proved the CDRs pertaining to mobile no.9756345806 for the period from 20.04.2018 to 10.05.2018 consisting of 5 pages as Ex.PW7/B; CDRs pertaining to mobile no.9053461569 for the period from 01.05.2018 to 30.07.2018 consisting of 2 pages as Ex.PW7/B1; Certificates u/s 65B of Indian Evidence Act establishing the authenticity of computer generated record qua both the mobile nos. 9756345806 and 9053461569 as Ex.PW7/C and Ex.PW7/C1.
PW7 has also brought CAF and CDRs for the relevant period along with the Certificate u/s 65B pertaining to mobile number 8328725763. He has deposed that as per record, said mobile phone was registered in the name of Ali Umed. He has proved the certified copy of CAF consisting of 2 pages as Ex.PW7/D; CDRs pertaining to the period from 20.04.2018 to 10.05.2018 consisting of 11 pages as Ex.PW7/E and Certificate u/s 65B as Ex.PW7/F. PW7 has also proved the certified copy of CAF pertaining to mobile number 9953735759 as Ex. PW 7/G; certified copy of CDRs for the period from 01.05.2018 to 29.06.2018 consisting of 2 pages as Ex.PW7/H and Certificate u/s 65B of Indian Evidence Act in this regard as Ex. PW 7/I. He has deposed that as per record, mobile number 9953735759 was State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 15 of 50 1 registered in the name of Mohd. Kamil S/o. Sh. Ramzani.
He has also proved the certified copy of CAF, CDRs along with the Certificate u/s 65B of mobile no.8328725763 and phone no.9953735759 given to the Investigating agency by the then Nodal Officer Sh. Saurabh Aggarwal as Ex.PW7/J and Ex.PW7/K and also identified the signature of Sh. Saurabh Aggarwal on the same having seen him writing and signing during the course of official duties.
PW8 HC Danish Haider, Constable in the office of Special Cell/NDR. He has deposed that on 10.05.2018, while he was present in the office of Special Cell, at about 12:30 PM, Inspector Rahul Kumar Singh received secret information telephonically from one of the deployed sources that one Kamil would bring huge quantity of FICN from one Martuz R/o. Malda at about 02:30 PM near Seelampur Metro Station bus stop GT Road and will meet one of his associate under the foot over bridge near Seelampur Metro Station. Inspector Rahul Kumar Singh shared the secret information with them and as per the instructions of ACP Sanjay Dutt, Inspector Rahul Kumar Singh organized a raiding team comprising Inspector Rahul Kumar Singh, SI Mahavir Singh, ASI Manish Kumar, ASI Satender Kumar, ASI Ahmed Khan, HC Abdul Ahad Khan, HC Suresh Kumar, Constable Sharvan and himself. They left the office of Special Cell NDR at about 01:00 PM. One Government vehicle bearing registration no.DL 1CZ 1884 and two private two State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 16 of 50 1 wheelers armed with the IO kit and arms and ammunition and reached near Metro Station Seelampur at about 01:50 PM.
He further deposed that Inspector Rahul Kumar Singh contacted 8-10 passersby to become witness to raid but none came forward and left without disclosing their whereabouts. Thereafter, the raiding team was deployed around foot over bridge near Seelampur Metro Station Bus Stop. At about 02:35 PM, one person was seen approaching from the side of Seelampur Metro Station on foot and he was having one black colour shoulder bag on his right shoulder. He was stopped at the pointing out of the secret informer. He stopped near the footover bridge and started waiting for someone. When no one came there to meet him, at about 02:40 PM, he started moving towards ISBT Kashmere Gate. Accordingly, as per the signal given by Inspector Rahul Kumar Singh, members of raiding team apprehended him. On interrogation, accused told his name as Kamil. IO offered his search as well as the search of the raiding team to accused which he refused. Thereafter, IO searched his bag which contained one white colour polythene and inside the mosquito net, there were two packets wrapped in transparent polythene. On checking the polythene, it contained two wads containing 200 notes each in the each wad i.e. 400 notes in the denomination of Rs.2000/- (totalling to Rs.8 lacs). IO kept both the wads in two separate transparent zip pouch along with the recovered polythene and applied doctor tape upon the pouch and sealed the same with the seal of SPL CELL NDR State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 17 of 50 1 12 and marked both the pouches as Ex.1 and Ex.2. Remaining articles were kept back in the said bag and bag was tied with the cloth strip and was sealed with the seal of SPL CELL NDR 12.
He further deposed that prior to sealing the case property, IO had noted down the numbers of the recovered FICNs on two white sheets and most of the recovered notes were of the same serial number. The said detail of numbers of the recovered FICN on sheets are Ex.PW8/A and Ex.PW8/B. IO took into possession the pouches of the case property along with the sealed bag vide seizure memo Ex.PW8/C. Seal after use was handed over to him. On interrogation, accused Kamil disclosed that he procured FICNs from one Martuz from Malda and was to deliver the same to one Kayum who is presently staying at Kailash Nagar, Gandhi Nagar, Delhi, for circulation. At about 04:30 PM, Inspector Rahul Kumar Singh prepared a Rukka and handed over the same to him. He reached at the office of Special Cell at about 05:15 PM and got the FIR registered. Thereafter, he handed over the Rukka and copy of FIR to the IO when IO came to the office of Special Cell. He also handed over the seal to the IO. IO recorded his statement to this effect. He correctly identified the accused Kamil who was present in the Court.
He correctly identified the case property i.e. FICNs totalling Rs.8 lacs which are collectively Ex.PW8/P1. He also identified the bag along with clothes and other articles which are collectively Ex.PW8/P2.
State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 18 of 50 1
PW9 Sh. Ravinder, a public witness has deposed that he is driver by vocation and drive the MCD garbage vehicle. About 5-6 years back, he had stopped his garbage vehicle at Dharampura Metro Station for the purpose of buying the Bidi. The police officials/ staff were standing there. By that time, one person alighted from his personal car. The police told him that they wanted to take his search. Said person was carrying a black colour bag. He refused to give the search of the bag. However, the police took his bag and checked the same. On checking two polythenes containing two wads each in the denomination of Rs.2000/- (totaling to Rs.8 lacs) were found. The police sealed the recovered FICNs and took into possession vide seizure memo Ex.PW8/C. PW9 could not identify accused as the person from whom the FICNs worth Rs.8 lacs were recovered due to lapse of 5/6 years. As PW9 resiled from his previous statement, he was cross-examined by Ld. Addl. PP. During his cross-examination, PW9 admitted that date of incident is 10.05.2018; on that day, he was driving vehicle bearing registration no. DL 1LR 0924 and he stopped near Seelampur Metro Station at about 2.40 p.m for buying bidi. He further admitted that police officials offered their search prior to searching the said person and his bag. He admitted that besides two polythenes containing four wads worth Rs.8 lacs, other belongings i.e. clothes, slippers, mosquito net, green bag etc were also in the black colour bag and that seal of SPL CELL NDR12 was used by the police for sealing the State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 19 of 50 1 case property. He correctly identified the recovered 400 FICNs as Ex. PW8/P1 and also black colour pithu bag as Ex. PW8/P2. PW9, on being specifically shown accused Mohd. Kamil present in the court, failed to identify him due to lapse of time of 5/6 years.
PW10 ASI Narayan Ram, Duty Officer deposed that on 10.05.2018, Constable Danish Haider brought Rukka, on the basis of which he registered the FIR Ex.PW 10/A. He made endorsement Ex.PW 10/C on the rukka and issued certificate u/s 65B of Indian Evidence Act Ex.PW 10/B. He has also proved the Qaimi and bandi DD No. 7A as Ex. PW1/D. After registration of present FIR, further investigation was entrusted to SI Anand Singh who was informed accordingly.
PW11 ASI Abdul Ahad Khan was posted as Head Constable in Special Cell,NDR. He deposed that on 10.07.2018, he was assigned with the duty to hear the suspected/ intercepted calls in exchange installed in office of Special Cell. During his duty, he had intercepted calls and recorded conversations which took place between suspect Kamil and Martuz. As per the directions, he also provided transcriptions of six conversations Ex. PW 11/A (Collectively) to SI Sumit which seized vide memo Ex. PW 11/B. He further deposed that mobile number which he had intercepted and prepared transcription of the conversation is 8323725763 and he had mentioned the date and time when the State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 20 of 50 2 aforesaid calls were intercepted.
PW12 SI Manish, one of the member of the raiding team deposed that on 10.05.2018, he was present in the office of Special Cell and at about 12:30 PM, Inspector Rahul Kumar Singh received secret information telephonically from one of the deployed sources that one Kamil would bring huge quantity of FICN from one Martuz R/o Malda at about 02:30 PM near Seelampur Metro Station bus stop GT Road and will meet one of his associate under the foot over bridge near Seelampur Metro Station. Inspector Rahul Kumar Singh shared the secret information with them and as per the instructions of ACP Sanjay Dutt, Inspector Rahul Kumar Singh organized a raiding team comprising Inspector Rahul Kumar Singh, ASI Mahavir Singh, ASI Ahmed Khan, ASI Satender, Constable Sarvan, HC Abdul Ahad, Constable Danish Haider, HC Suresh and himself and briefed the raiding party members in detail. IO Inspector Rahul Kumar Singh had taken the IO kit and thereafter, he along with team members left the office at about 01:00 PM in one Government vehicle No.DL1CZ 1884 and two private two wheelers and thereafter, they reached near Metro Station Seelampur at about 01:50 PM, where IO Inspector Rahul Kumar Singh had asked 8-10 public persons to become witness having informed them about the secret information and that raid was to be conducted but none agreed and all left without disclosing their names and address. Secret informer also reached there.
State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 21 of 50 2
He further deposed that IO Inspector Rahul Kumar Singh again briefed the raiding party members and deployed the raiding party on strategic points and then they started waiting for the suspect. At about 02:35 PM, one person came from the side of Seelampur Metro Station on foot who was having black colour shoulder bag who was pointed out by secret informer and he stopped near the footover bridge and started waiting for someone. He waited for about 5 minutes and then he moved towards ISBT, Kashmere Gate and meanwhile the raid was conducted. He was apprehended by IO Inspector Rahul Kumar Singh with the help of other raiding team members. Suspect was disclosed his name as Mohd. Kamil and thereafter, he was informed about the secret information for which his search was to be conducted. Meanwhile, one public witness Ravinder had also agreed to join the proceedings. IO Inspector Rahul Kumar Singh took his black colour shoulder bag from his right shoulder and checked the same which was found containing white colour polythene from mosquito net inside the bag which was found containing 2 packets wrapped in transparent polythene. The polythene was checked and same was found containing 2 packets each containing two wads each wad containing 100 notes each denomination of Rs.2000/- i.e. total 4 wads containing 400 notes amounting to Rs.8 lacs.
He further deposed that IO Inspector Rahul Kumar Singh had checked all the wads of notes and the same were found counterfeited/ fake. IO kept both the wads in two separate State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 22 of 50 2 transparent zip pouch along with the recovered polythene and then marked the same as Ex.1 and Ex.2 and were sealed the same with the seal of SPL CELL NDR 12 and thereafter, the same were taken into possession vide seizure memo and thereafter, the black colour bag along with mosquito net was also converted into cloth parcel which was also sealed with the seal of SPL CELL NDR 12 and was taken into police possession. IO Inspector Rahul Kumar Singh had completed FSL Form and seal after use was handed over to Constable Danish Haider. Therafter, IO Inspector Rahul Kumar Singh prepared a Rukka and handed over the same to Constable Danish Haider with the direction to get the FIR registered. IO Inspector Rahul Kumar Singh had informed the senior officer also about the recovery of FICNs from accused Mohd. Kamil. Constable Danish Haider left the spot with Rukka and seal. Thereafter, Inspector Anand Singh reached at the spot who was entrusted with the investigation. Inspector Rahul Kumar Singh had produced the case property along with accused and briefed him about the recovery of FICNs from the accused. Inspector Anand Singh prepared a rough site plan at the instance of IO Inspector Rahul Kumar Singh. Inspector Anand Singh had interrogated the accused.
He proved on record disclosure statement Ex.PW12/A made by accused. Thereafter, IO conducted personal search of the accused and 2 mobile phones, one white colour make Samsung and one grey colour make Carbon were recovered State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 23 of 50 2 which were also seized by the IO vide memo Ex.PW12/B. During personal search, 3 railway tickets and 13 bus tickets were also found in possession which were also seized by the IO vide memo Ex.PW12/C. He has also correctly identified the accused. He has also correctly identified 3 railway tickets and 13 bus tickets which are Ex.PW12/P1 (colly). Accused was further interrogated. Thereafter, accused was arrested and his personal search was conducted vide memos Ex.PW12/D and Ex.PW12/E respectively.
He further deposed that on 11.05.2018, he again joined the investigation of the present case with IO; accused made supplementary disclosure statement Ex.PW12/F. He has also identified the mobile phones Ex.PW12/P2 (colly).
PW13 Inspector Anand Singh, second IO of the present case deposed that on 10.05.2018, he was present in his office. At about 03:00 PM, he was informed by Duty Officer that Inspector Rahul Kumar Singh had conducted a raid and FICNs in huge quantity has been recovered from one Mohd. Kamil and he asked him to reach at the spot under Footover Bridge, Seelampur Metro Station Bus Stop, GT Road. He left the office of Special Cell lodging DD entry regarding his departure and reached at the spot at about 04:00 PM, where Inspector Rahul Kumar Singh along with raiding team members and accused Mohd. Kamil were found present. Inspector Rahul Kumar Singh had produced the accused Mohd. Kamil along with two sealed State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 24 of 50 2 parcels stated to be containing FICNs, FSL Form and one another black colour bag of diamond brand which was also sealed from the zip and other parts along with seizure memo and told that FICNs amounting to Rs.8 lacs i.e. 4 wads each containing 100 notes of 2000 denomination having recovered from the accused. He has correctly identified accused Mohd. Kamil.
He further deposed that he had conducted his formal search and 2 mobile phones, one white colour Samsung and another grey colour Carbon with SIMs, 2 railway tickets and 13 bus tickets were also recovered from him which he took into possession vide memo Ex.PW12/B and Ex.PW12/C respectively. He had correctly identified the railway ticket and bus ticket Ex.PW12/P1 (colly) and Ex.PW12/P2 (colly). He had interrogated the accused and recorded his disclosure statement Ex.PW12/A. He prepared Site Plan Ex.PW13/A at the instance of Inspector Rahul Kumar Singh. He arrested the accused and conducted his personal search vide memos Ex.PW12/D and Ex.PW12/E respectively. In personal search of accused one brown colour leather purse, Rs.1990/-, Aadhar Card of accused and two visiting cards were seized.
He further deposed that public witness Ravinder was also present there. He recorded his statement and discharged him. He recorded the statements of witnesses. On 11.05.2018, he again interrogated the accused and recorded his supplementary disclosure statement Ex.PW12/F and he had recorded the State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 25 of 50 2 statement of ASI Manish. Thereafter, he made search of associate of accused Kamil but no one could be traced as all being absconded. He correctly identified two mobile phones Ex.PW12/P2 (colly).
PW14 HC Sushil Kumar, MHC(M) deposed that on 10.05.2018, he was posted in Special Cell and working as MHC(M) in PS Special Cell. On that SI Anand Singh had deposited two sealed parcels marked as Ex.1 and Ex.2 sealed with the seal of SPL CELL NDR 12 stated to be containing FICNs recovered from accused and one pullanda of bag wrapped with cloth strip sealed with the seal of SPL CELL NDR 12 containing clothes. On the same day, SI Anand Singh had also deposited personal search of articles of accused Mohd. Kamil. He had made relevant entry in malkhana register at serial no.1533.
He further deposed that on 15.05.2018, he had handed over two sealed pullandas Ex.1 and Ex.2 in sealed condition along with FSL Form and other relevant documents to Constable Mukesh to deposit in Currency Note Press, Nasik, Maharashtra vide RC No.91/21/18. On 16.05.2018, one sealed pullanda of two mobile phones sealed with the seal of SPL CELL NDR 12 was also deposited by SI Anand Singh. He had made relevant entry in Malkhana register no.19, at serial no.1539. On 15.06.2018, Constable Mukesh had deposited one sealed pullanda bearing the particulars of the present case sealed with the seal of Currency Note Press, Nasik. He had made relevant State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 26 of 50 2 endorsement to this effect also in Malkhana register.
He proved photocopy of relevant entry no.1533 and 1539 as well as endorsement of movement of case property Ex.PW14/A and Ex.PW14/B and copy of RC Ex.PW14/C. The acknowledgment regarding deposit of the pullandas is Ex.PW14/D. PW15 ACP Rahul Kumar Singh, first IO of the present case deposed that his team was working on the suspects indulged in infusing Fake Indian Currency Notes by a syndicate based at Malda, having procure the same through Indo-Bangla Border and then pump and circulate the same in India in order to damage the Indian Economy. It was revealed that one Martuz R/o. Malda is running the syndicate of FICNs and pumping and circulating the FICNs in Delhi and NCR. Even one team was also organized under the supervision of ACP Sanjay Dutt to further work on the said syndicate and neutralize them.
He further deposed that on 10.05.2018 at about 12:30 PM, one of the deployed secret informer, gave secret information telephonically to him that one person namely Kamil R/o. Shamli, U.P. had received a consignment of FICNs from abovesaid Martuz R/o. Malda and reach footover bridge near Seelampur Metro Station, Bus Stop, G. T. Road, Seelampur at about 02:30 PM to meet one of his associates and deliver consignment of FICNs. The secret information was passed on to ACP and senior officers who had directed to conduct raid.
State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 27 of 50 2
Accordingly, a DD No.5 was lodged by him regarding the above inputs and secret information. He organized a raiding team comprising SI Mahaveer Singh, ASI Manish, HC Ahad Khan, HC Suresh, Constable Danish, HC Ahmed Khan, HC Sarvan and himself. He had briefed the raiding team about the secret information. He left the office at about 01:00 PM in Government vehicle DL 1CZ 1884 and two private two wheelers vide DD no.7.
He further deposed that at about 01:50 PM, the team reached at Seelampur Metro Station where the informer also met him at the appointed place. He asked six-seven public persons to join raiding team having informed them about the secret information but no one agreed and all went away showing their personal difficulties/ excuses. Due to paucity of time and lack of staff, he could not serve notice upon those public witnesses. He had deployed the raiding team members at different strategic points. He along with informer took position under footover bridge and then started waiting for the suspect. At about 02:30 PM, one person seen coming from the side of Seelampur Metro Station side on foot who was carrying a black colour shoulder bag on his right shoulder. The informer had pointed out the said person as suspect Kamil and he asked him to leave from there. He stopped under the footover bridge near Seelampur Metro Station Bus Stop and started waiting for someone. After waiting for some time when no one came to meet him, he started moving towards ISBT, Kashmere Gate. He gave signal to raiding team State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 28 of 50 2 members and then the above suspect person was apprehended at about 02:40 PM. He disclosed his identity and identity of other raiding team members and then informed him that they are having secret information that he is indulged in pumping and circulation of FICNs and that day he has come with a consignment in order to supply the same to someone of his known and that there is possibility of recovery of FICNs for which his search is to be conducted. They had offered the suspect Kamil to take their search before taking his search by them.
He further deposed that during this process some public persons also gathered there and he has asked public persons to join the raid proceedings and one public witness who disclosed his name Ravinder R/o Dharampura agreed to join the raid proceedings. The suspect Kamil gave his complete details about his parents and permanent residence. Thereafter, PW15 ACP Rahul Kumar Singh took his black colour shoulder bag make diamond and during search apart from daily use articles, one transparent polythenes having mosquito net was found. On further checking the polythene, one green colour bag having written www.shikha.com CD, was found being concealed in the mosquito net. On checking the green colour bag two separate pullandas were found wrapped in two separate transparent polythenes. On further checking each pullanda was found containing 200 notes (total 400 notes) each of face value of Rs.2000/- totalling to Rs.8,00,000/-. He made formal enquiry State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 29 of 50 2 from accused Kamil about the source etc. Accused Kamil had confirmed that the above notes are fake currency notes which he had procured from Martuz R/o. Malda. He had checked all the above notes and the same were appeared to be Fake Indian Currency Notes as colour, printing quality, security features, etc. were not appearing genuine and further that there were number of notes having the same serial number. He had prepared the details of serial numbers of both the above packets each containing 200 notes on a paper Ex.PW8/A and Ex.PW8/B respectively. He had put the above packets of FICNs along with polythenes in two separate zip pouches along with brown envelope which were marked as Ex.1 and Ex.2 respectively and then both the above zip pouches were sealed with the seal of SPL CELL NDR 12 after wrapping the same with doctor tape on the aforesaid zip pouches. He had kept the other remaining articles including mosquito net in black colour diamond shoulder bag and this was also sealed with the seal of SPL CELL NDR 12. He took above pullandas into police possession vide memo Ex.PW8/C. He had completed Form FSL. The seal after use was handed over to Constable Danish.
He further deposed that he again made enquiry from accused Kamil who told that he had to supply the above consignment to one Kayyum presently residing at Kailash Nagar, Gandhi Nagar, Delhi and permanent resident of Malda. He prepared Rukka Ex.PW15/A and gave the same to the Constable Danish with the direction to get register the FIR in PS State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 30 of 50 3 Special Cell. Constable Danish along with Rukka left the spot for PS Special Cell. Meanwhile, he had informed his senior officer about the raid proceedings.
He further deposed that after about an hour SI Anand Kumar Singh reached at the spot who was entrusted investigation of the present case. He had produced the accused along with case property, seizure memo, details of FICNs and copy of Rukka to SI Anand Singh who had gone through the same. He had briefed him about the facts of the case and then point out the spot. SI Anand Singh prepared a rough site plan Ex.PW13/A at his instance. SI Anand Singh conducted further investigation of the case. They along with case property and accused reached Special Cell Office, Lodhi Colony at about 06:15 PM. Accused Mohd. Kamil has been correctly identified by PW15. He has correctly identified the case property i.e. Ex.PW8/P1 (colly) and Ex.PW8/P2.
PW16 Inspector Sumit Kumar has deposed that on 15.06.2018, he was entrusted with the investigation of this case. During investigation, he recorded statement of Head Constable Manish, Constable Mukesh and Head Constable Abdul Ahad Khan. He prepared the charge-sheet and filed the same in the Court.
PW17 Sh. Rajeev Ranjan Nodal Officer, Tata Tele Services Ltd. He has deposed that pursuant to receipt of requisition from the investigating agency, he provided them the certified copies of State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 31 of 50 3 the CAF along with ID proof Ex. PW 17/A collectively and also provided the certified copies of the CDRs Ex. PW 17/B pertaining to the period from 01.05.2018 to 29.06.2018 of mobile phone number 7206230547 registered in the name of Sh. Karambir. He has also proved on record the certificate under Section 65B of Indian Evidence Act as Ex.PW17/C establishing the authenticity of computer generated record. He has also proved the forwarding letter by which all the documents handed over to the Investigation Agency as Ex.PW17/D. STATEMENT OF ACCUSED
5. After conclusion of Prosecution Evidence, statement of accused was recorded u/s 313 CrPC wherein he has denied the entire prosecution case and stated that he has been framed and falsely implicated in the present case. Infact, he was apprehended by the police from Kishanganj, Bihar and was brought to Delhi by the police. He further stated that he was told that since he had a previous conviction for a similar offence, he would be a prime scapegoat for the present case. He further stated that he is in the trade of selling second hand clothing material that he take from Panipat and sell the same in Bihar and West Bengal. The recovered FICNs were planted upon him. The bus tickets and train tickets have been planted upon him by the police to strengthen their case and he never bought them from any Automated Ticket Vending Machine and he had nothing to do with the same. He has been framed and falsely implicated in the State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 32 of 50 3 present case by the police and that no independent public witness has corroborated the testimony of the IO.
ARGUMENTS ON BEHALF OF PROSECUTION
6. In the present case, charge u/s 489B and 489C IPC has been framed against the accused. There is huge recovery of FICN worth Rs.8 lacs from the accused. Prosecution has examined 17 witnesses. It is further submitted that PW15 is first IO who is a star witness and he has completed the investigation on the spot. He conducted raid and apprehended accused from the spot. He is the author of the Rukka and proved the Rukka Ex. PW15/A and also the site plan Ex. PW13/A. He also took into possession the currency notes vide seizure memo Ex.PW8/C. He identified the complete case property as well as the accused. He has further submitted that PW8 was one of the member of the raiding team and he fully supported the version of PW15/ Ist IO. PW12 was also member of the raiding team and investigation was completed in his presence. FICNs were recovered, sealed and seized in his presence. PW8 has also deposed on complete account of recovery of the case property. PW13 Insp. Anand Singh is the second IO who arrested the accused at the spot. He also correctly identified the accused. He prepared site plan at the pointing out of PW15 ACP Rahul Kumar Singh. When PW13 reached at the spot, previous IO PW15 handed over to him the accused, two pullandas of the case property, seizure memo and FSL form and other relevant documents. PW13 has proved the State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 33 of 50 3 personal search memo of the accused Ex.12/E. After registration of the present FIR, PW8 HC Danish Haider handed over the copy of FIR and original Rukka to the IO when IO reached at the office of Special Cell. Ld. Addl. PP further submitted that PW1 Sh. Rajeshwar Dayal has proved on the record the Railway Ticket issued from the ATVM of Anand Vihar Terminal Railway Station on 05.05.2018 at 01:26 PM for the journey from Anand Vihar Railway Station to Malda Town Railway Station in second class which was purchased by the accused and proved the report on record which is Ex.PW1/A. PW2 SI Satender has proved on record the letter of interception of mobile numbers 8327400237, 8328725763 and 9565056160 which on record is Ex.PW2/A. PW3 Sh. Vinod Kumar Yadav has proved on record the verification report of 11 tickets issued by Haryana Roadways. The detailed report of 11 tickets is on record as Ex.PW3/A. PW4 HC Mukesh has collected the case property along with PW5 HC Manish Kumar has collected the case property from PW14 HC Sushil Kumar and had deposited the case property in Govt. Printing Press, Nasik. Again on 15.06.2018, PW4 HC Mukesh and PW5 HC Manish Kumar had gone to Government Printing Press, Nasik and collected the result of FICN and brought the same along with the case property and had deposited the same in Malkhana.
7. It is further submitted by Ld. Addl. PP that in the present case, prosecution has successfully established the fact that accused State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 34 of 50 3 Mohd. Kamil, who was found in possession of huge amount of FICNs, was intending to circulate the same in the market and FSL report Ex.PW 6/A has also proved the fact that recovered notes were counterfeited. There is huge recovery of FICNs worth Rs.8 lacs, therefore no question of false implication of accused arises in the present case. He further submitted that accused be convicted for the offences charged with.
8. It is further submitted that PW9 Ravinder is a public witness who has failed to identify the accused. He has not joined the raiding team. He had just stopped there to purchase bidi and had only taken the glimpse of the accused. Since his testimony was recorded after 5/6 years of the date of incident, due to lapse of time, he could not identify the accused. FICNs were recovered in his presence from the accused but his signatures were not obtained on the seizure memo. PW9 has correctly identified the FICNs and black colour bag in the court.
9. It is further submitted by Ld. Addl. PP for State that accused travelled to Malda, West Bengal on 05.05.2018 from Anand Vihar Railway Station to bring FICNs and he returned back on 08.05.2018 and the train tickets and bus tickets qua his travel are already on record which are Ex. 12/P1 collectively. Train ticket dated 05.05.2018 has also been proved by PW1 Rajeshwar Dayal. Accused was arrested on 10.05.2018 from Seelampur Metro Station and tickets were recovered from the possession of State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 35 of 50 3 accused who on enquiry admitted that ticket Ex. PW 1/C was for the train bound for Malda. No evidence has come on record that accused was doing any clothing business in Malda. Malda, West Bengal is known for such kind of activities i.e. manufacturing of FICNs.
ARGUMENTS ON BEHALF OF ACCUSED
10.It is submitted by Ld. Defence Counsel that the alleged train ticket no. 00A-35157559 Ex. PW 1/C for the journey from Anand Vihar Railway Station to Malda Town Railway Station on 05.05.2018 at 1.26 p.m is a general ticket and can be used by any passenger. There is no evidence or CCTV footage available on record to show that accused purchased the said ticket from the Automated Ticket Vending Machine of Anand Vihar Railway Station or that he travelled on 05.05.2018 from Anand Vihar Railway Station to Malda Town Railway Station or that he collected the alleged FICNs from Malda. Generally, after coming out of the platform, the passenger used to throw the ticket but it is highly unbelievable that accused Mohd. Kamil, who is indulged in trafficking/circulation of FICNs and having previous criminal antecedents, will keep the tickets with him for five days and will carry the same till the date of his apprehension. It is further submitted by Ld. Counsel for accused that there is no evidence available on record against accused Mohd. Kamil that he purchased the bus tickets of Haryana Roadways or that he travelled in any Haryana Roadways bus. It State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 36 of 50 3 is further submitted by Ld. Counsel for accused that PW2 SI Satender, SO-II to Special CP, Special Cell has only proved the letter of Special CP Dr. M. M. Oberoi addressed to Nodal Officer, Vodafone, Delhi for providing interception facility of alleged three mobile numbers but he has failed to prove on record any original letter addressed to Union Home Secretary for making interception or any letter from Union Home Secretary accepting the request of interception of Special CP.
11.It is further submitted by Ld. Counsel for accused that there are contradictions in dates with regard to collection of sealed envelopes containing report and FICNs from Government Printing Press Nasik. As per the testimony of PW4 HC Mukesh, as per the directions of IO, he had gone to Government Printing Press on 15.06.2018 and collected the result whereas PW6 Nilesh Ramesh Jadhav has deposed in the Court that he handed over both the envelopes to Ct. Mukesh Kumar on 13.06.2018.
12.It is further submitted by Ld. Counsel for accused that PW9 Ravinder, a public witness has also been examined in the Court, who as per the case of the prosecution had witnessed the apprehension of accused Mohd. Kamil and alleged recovery of FICNs from his possession at Seelampur Metro Station. There are lots of discrepancies in the testimony of PW9, firstly, with regard to place i.e. Dharampura Metro Station instead of Seelampur Metro Station, secondly, he alighted from his State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 37 of 50 3 personal car whereas as per the prosecution case, he came on foot and was waiting for someone and this car aspect has not been mentioned in the entire charge-sheet and last but not the least, he failed to identify the accused despite the fact that he was specifically shown the accused present in the Court. TIP of accused has not been got conducted; PW9 could have been examined at the earliest but he was examined at the fag end of the trial. The efflux of time lapsed/passed between date of incident and the date of recording of the testimony of the witness could not be used in support of prosecution case.
13.It is further submitted that CAF and CDRs of accused Mohd. Kamil were collected but no sincere efforts were made by the investigating agency to investigate and collect the record of Martooz or Kayum to show that they all were connected with each other and were indulged in circulation/supply of FICNs. The police was having mobile number of Martuz. It is further submitted that accused has been falsely implicated in this false case.
14.In support of his submissions, Ld. Counsel for accused has placed reliance upon the judgments titled Mohd. Amzad v. State Crl. A. No. 819/2015 decided on 03.06.2016, Karnail Singh & ors v. The State of Punjab Criminal Appeal No. 353 SB of 2003 decided on 13.09/2012 and Syed Abbas Mehdi v. State (NCT of Delhi) Bail Application no. 735/2005 decided on 18.05.2005.
State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 38 of 50 3
15.I have heard and considered the submissions made by Sh. Piyush Sachdev, Ld. Legal Aid Counsel for accused and Sh. Irfan Ahmed, Ld. Addl. PP for State and also carefully gone through the material available on record including the judgments relied upon by Ld. LAC for accused.
POINTS OF DETERMINATION
16.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 counterfeited;
(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 counterfeited.
(A) The currency-note or bank-notes in question was forged or counterfeited.
17.In the case at hand, Sh. Nilesh R. Jadhav (PW6), Deputy Manager (Tech. Oper), Currency Note Press, Nasik, Maharashtra has proved the report Ex.PW6/A. He has conclusively opined that all 400 suspected notes were examined in detail by comparing with genuine specimen note of respective State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 39 of 50 3 variety with the help of modern scientific instruments and they are found to be 'counterfeited'. Nothing material could be elicited from the cross-examination of Sh. Nilesh R. Jadhav (PW6). Therefore, this Court has no hesitation in observing that prosecution has successfully proved the first ingredient.
Let us now deal with second ingredient.
(B) Accused sold to, or bought, or received, from, some person, or trafficked in, or used, as genuine, such notes;
18.In the case at hand, HC Danish Haider (PW8), SI Manish Kumar (PW12), second IO Inspector Anand Singh (PW13) and first IO ACP Rahul Kumar Singh (PW15) have categorically testified that a secret information was received on 10.05.2018 that accused Kamil will come to footover bridge near Seelampur Metro Station, bus stop, G. T. Road, Seelam Pur at about 2.30 p.m to deliver consignment of FICNs. Pursuant to the secret information, raid was conducted at the place of information i.e. at Seelampur Metro Station. At about 2.30 p.m, secret informer pointed towards a man coming on foot from the side of Seelampur Metro Station carrying a black colour shoulder bag on his right shoulder. The said person stopped under the footover bridge near Seelampur metro station bus and started waiting for someone. That person was identified by secret informer to be Mohd. Kamil. He was carrying a black colour shoulder bag with him. After waiting for some time, when no State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 40 of 50 4 one came to meet him, accused Mohd. Kamil started moving towards ISBT Kashmere Gate. The raiding team members, after getting signal from the first IO PW15 ACP Rahul Kumar Singh, apprehended accused Mohd. Kamil who on enquiry confirmed his identity. On taking search of the black colour bag of accused Mohd. Kamil, one transparent polythene having mosquito net was found and on checking the same, one green colour bag was found concealed in the mosquito net and on checking the same, two separate polythenes each containing 200 notes each in the denomination of Rs.2,000/- amounting to Rs.8 lacs were recovered. The recovered FICNs were kept in two separate zip pouches and sealed the same with the seal of SPL CELL NDR
12. The other remaining articles including Mosquito net were kept in black colour shoulder bag and the same was also taken into possession. After registration of FIR, further investigation was entrusted to PW13 Inspector Anand Singh who prepared the rough site plan, arrested the accused, conducted his personal search and also recorded his disclosure statement. PW13 Inspector Anand Singh also seized two mobile phones with SIM Cards, three railway tickets and 13 bus tickets during formal search of accused. The above witnesses not only withstood the test of cross-examination but they also fully supported the case of the prosecution. The testimony of above witnesses inspires confidence as defence has failed to point out any material irregularity, discrepancy, omissions or any contradiction in their testimonies. At the time of apprehension of accused and State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 41 of 50 4 recovery/seizure of FICNs from his possession, PW9 Ravinder was also present at the spot who has admitted that FICNs worth Rs.8 lacs were recovered from accused vide seizure memo Ex. PW 8/C.
19.Accused Mohd. Kamil was found in possession of huge amount of FICNs and accused has miserably failed to explain the possession of FICNs. It is presumed that he is in conscious possession of FICNs. At this stage, it is apt to refer Rayab Jusab Sama Vs. State of Gujarat 1989 Crl. L J 942 and Shabbir Sheikh v. State of Madhya Pradesh Crl. Appeal no. 162/2015, 452/2015 and 453/2015 decided on 10.05.2018 wherein it was constantly held that possession of large number of FICNs cannot be regarded as a mere case of dormant possession of large number of fake currency notes, but it is a case of active transportation of the currency notes. Similarly, the Division Bench of Kolkata High Court in the case of Sunil Pramanik @ Sonu v. State of West Bengal in CRA 562 of 2018, decided on 22.11.2019, held as under:
20. "...11. Section 489B uses the phrase "or otherwise traffics in or uses as genuine". This phrase assumes importance in the context of the fact that the term "traffics" is not defined for the purpose of Section 489B or for the IPC generally. The phrase "or otherwise traffics in or uses as genuine" is added on to a string of phrases which results in the sentence that delineates the ingredients of the offence as defined in Section 489B; the punishment for which is prescribed in State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 42 of 50 4 that section. The activities which would amount to an offence punishable under Section 489B of the IPC are firstly, selling, buying or receiving. The provision to this effect in the section is "whoever sells to, or buys or receives from, any other person". Therefore, the involvement of at least two persons is necessary for performing the activity of selling, buying or receiving which would amount to an offence for the purpose of Section 489B. If that be so, an important issue for consideration would be as to whether any activity which falls into the concept "or otherwise traffics in or uses as genuine" could be anything that could be treated differently from selling, buying or receiving or whether the term "traffics" has to be read ejusdem generis with "sells", "buys" or "receives". It was argued on behalf of the appellant on the basis of the decision of the Apex Court in Parakh Foods Limited v. State of Andhra Pradesh (2008) 4 SCC 584 that the term "traffics" has to be read ejusdem generis with the phrases "sells to", "buys" and "receives from any other person" and that the junction of another person is necessary to accomplish such acts. It is here that use of the word "otherwise" gains critical importance. The word "otherwise" is used to indicate the opposite of, or contrast to, something already stated when used as part of a phrase as "or otherwise". Even when the word "otherwise" is used not as part of a phrase as "or otherwise", but as an adverb or an adjective, such usages are also resorted to, to draw a contrast or distinction. The word "traffics" as well as the word "trafficking" and "trafficked" are used to describe the action of dealing or trading in something illegal. The activity or activities which would amount to "sells to", "buys" or "receives from" any other person, may require the participation of two persons to complete any such transaction. However, any activity which would fall within the phrase "otherwise traffics in"
State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 43 of 50 4 does not indispensably require active participation of more than one person if noticeably sizable quantity of FICN is found to be in the possession of that person and such concealed possession cannot be treated as dormant possession. It is active transportation which amounts to trafficking. Any other mode of interpreting the phrase "or otherwise traffics" would dilute the rigour of law. A strict and literal interpretation of the penal provision contained in Section 489B of the IPC does not lead us to any other conclusion. Thus, the phrase "or otherwise traffics" in Section 489B of the IPC would take within its sweep, the action of dealing or trading in forged counterfeit currency note or bank note even otherwise than by selling, buying (purchase) or receiving. Therefore, the word "traffics" and the phrase "or otherwise traffics in"
in Section 489B of the IPC are not to be read ejusdem generis with the words "sells", "buys" or "receives"; but ought to be read to understand that activities other than selling, buying or receiving would also fall into the basket of the incriminating factors which constitute the ingredients of the acts and omissions which is an offence as per that Section."
21.Thus, the Court has no hesitation to hold that accused Mohd. Kamil reached at the spot to hand over/circulate FICNs worth Rs.8 lacs. Recovery of FICNs worth Rs.8 lacs was effected from the possession of accused at the spot which shows the intention of the accused in possessing the FICNs only for the purpose of trafficking or circulating the same. This is not the case where accused was possessing FICNs accidentally without having knowledge of the same to be fake, therefore, the mensrea is very much established in the present case from the facts and State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 44 of 50 4 circumstances. In order to prove the recovery and arrest of accused, testimony of PW8 HC Danish Haider, PW12 SI Manish Kumar, PW13 Inspector Anand Singh and PW15 ACP Rahul Kumar Singh have been recorded who have duly proved the case of the prosecution and also correctly identified the accused and also the FICNs. Therefore, the testimony of these witnesses remained unchallenged. Considering the intrinsic worth of their testimony, this Court is convinced that prosecution has also successfully proved the second ingredient of the offence.
Let us now deal with third ingredient.
(C) when in doing so, they knew or had reason to believe that such notes were forged and counterfeited.
22.In the case at hand, 400 FICNs in the denomination of Rs.2,000/- each have been recovered from the possession of accused. The defence has failed to offer any explanation, leave aside a reasonable one, as to how the accused came in the possession of such a huge cache of FICNs.
23.In the absence of any explanation, the only irresistible inference that can be drawn is that the accused was fully conscious of nature of currency notes and have every reason to believe that the currency notes were counterfeited.
24.Let us now deal with the contentions of Ld. Counsel for State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 45 of 50 4 accused.
25.It is submitted by Ld. Defence counsel that alleged train ticket recovered from accused is a general ticket and there is no evidence or CCTV footage to show that accused purchased the said train ticket from the ATVM of Anand Vihar Railway Station or that he travelled on 05.05.2018 from Anand Vihar Railway Station to Malda Town and same was his contention for alleged bus tickets. I concur with the submissions of Ld. Addl. PP that train ticket as well as the bus tickets have been recovered from the possession of accused at the time of his apprehension from the spot. 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 relevant witnesses has already placed on record verification reports to prove the authenticity of the alleged tickets. 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 prosecution.
26.It is further submitted by Ld. Counsel for accused that there is contradiction in the date with regard to collection of sealed envelopes containing FICNs and report from Government Printing Press Nasik. Perusal of document Ex. PW6/A shows that the exhibits were handed over to the concerned police official on 13.06.2018 and same is the deposition of expert PW6 Nilesh Ramesh Jadhav in this regard. Hence, this Court is of the State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 46 of 50 4 considered view that the contradiction pointed out by Ld. Defence Counsel in this regard is a minor contradiction which does not affect the merits of the present case. Therefore, the above contention is not sustainable and is hereby rejected.
27.So far as contention of Ld. Counsel for accused with regard to discrepancies in the testimony of PW9 Ravinder, a public witness, is concerned, PW9 has categorically deposed about the recovery of FICNs, though, due to lapse of time, he could not identify the accused and also stated the place of apprehension as Dharampura Metro Station instead of Seelampur Metro Station. In my considered opinion, the witness is not required to testify with mathematical exactitude and scientific precision. Minor variations and slight inconsistencies, which do not have any material bearing upon the merits of the case, are bound to appear in the testimony of even the most truthful witness on account of lapse of time, human limitations of memory and the capacity of the different witnesses to reproduce the entire case with identical precisions. (Reliance is placed upon Akbar & Anr v. State, Criminal Appeal No. 327 of 2007 decided on 29.05.2009). The above-cited variance in the testimony of the witnesses is trivial in nature to affect the core of the testimony.
28.Further, lapses on the part of the Investigating Officer cannot come to the rescue of the Defence wherein the case of the prosecution stands sufficiently proved by the evidence available State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 47 of 50 4 on record. Reliance is placed upon the judgment of the Hon'ble Apex Court in the matter of Zindar Ali SK vs. State of West Bengal & Anr 2009 III AD (S.C) 7 wherein it has been observed that:-
" It is trite law that the defence cannot take advantage of such bad investigation where there is clinching evidence available to the prosecution as in this case."
29.Thus, I cannot but disagree with the Ld. Defence counsel that otherwise credible testimony of the recovery witness should be discarded on account of minor inconsistencies and variations.
30.This Court cannot lose sight of the fact, in the present case, police witness are intact and there are no major contradictions in their testimonies and defence has failed to deduce anything in its favour during cross-examination of police witnesses. (Reliance is placed upon the judgments of Hon'ble Apex Court in Karamjit Singh v. State AIR 2003 SC 1311 and Girija Prasad v. State of M.P AIR 2007 SC 3106.
31.In view of the above discussions, prosecution has proved beyond reasonable doubt its allegations against the accused Mohd. Kamil regarding offence punishable u/s 489B IPC.
32.Let us now deal with the commission of offence u/s 489C IPC, which reads as under:-
State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 48 of 50 4 Section 489C of Indian Penal Code 489C. Possession of forged or counterfeit currency-notes or bank-notes.-- Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
33.Since accused Mohd. Kamil has already been convicted for commission of offence punishable u/s 489B IPC, which includes the possession of FICNs punishable u/s 489C IPC, hence, convicting the accused u/s 489C IPC shall be a redundant exercise. Reliance is placed upon V. Govindrajalu v. State of Mysore (1962) 2 Cr LJ 765, AIR 1962 Mysore 275, 278.
Conclusion :-
34.As a cumulative effect of the above discussion, accused Mohd. Kamil is held guilty for commission of offence punishable u/s 489B IPC and he is convicted thereunder.
35.Let copy of this judgment be provided free of cost to the accused.
36.Convict/accused Mohd. Kamil shall be heard on the point of State vs. Mohd. Kamil FIR No. 58/2018 PS: Special Cell Page no. 49 of 50 4 sentence on the date as fixed by the Court.
37.Accused Mohd. Kamil has been apprised that he has a statutory right of appeal to challenge conviction order before Hon'ble High Court of Delhi. He has also been apprised that he can avail services of Legal Aid Counsel from Delhi High Court Legal Services Committee, if he is not able to engage a private counsel.
Typed to the dictation directly,
corrected and pronounced in the Digitally signed
by HARDEEP
open Court on 14.10.2025. HARDEEP KAUR
KAUR Date:
2025.10.14
16:13:25 +0530
(Dr. Hardeep Kaur)
Additional Sessions Judge-02
New Delhi District, New Delhi
State vs. Mohd. Kamil
FIR No. 58/2018
PS: Special Cell Page no. 50 of 50
5