Delhi District Court
State vs . Sunil Garg @ Raj Kumar on 27 May, 2011
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGE-II (NORTH-WEST): ROHINI COURTS: DELHI
Sessions Case No. 643/06
Unique Case ID No.: 02404R0069112006
State Vs. Sunil Garg @ Raj Kumar
S/o Sh. Ram Kumar
R/o B-1/192, Vikas Vihar,
Uttam Nagar, Delhi
(Convicted)
FIR No.: 98/06
Police Station: Paschim Vihar
Under Section: 489C & 489D Indian Penal Code
Date of committal to sessions court: 19.8.2006
Date on which orders were reserved: 20.5.2011
Date of Judgment: 20.5.2011
JUDGMENT (ORAL):
As per allegations on 7.2.2006 at 3:30 pm near main gate Picnic Hut, DDA Park, Opposite Nagin Lake Apartment, Outer Ring Road, Paschim vihar, Delhi the accused Sunil Garg @ Raj Kumar was found in possession of 100 counterfeit currency notes of the denomination of Rs.1000/-; 200 counterfeit currency notes of denomination of Rs.500/-; 100 forged stamp papers of Rs.100/- and 50 stamp papers of Rs.10/-. Further, on 7.2.2006 at first floor of house no. 264, DDA Janta Flats, Hastsal, Uttam Nagar the accused was found in possession of one Scanner HP colour Laser Jet (Copier and Printer All In One) which was used for the purpose of forging or counterfeiting the St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 1 currency notes and stamp papers and also found in possession of counterfeit currency notes of denomination of Rs.500/-. It is also alleged that on 10.2.2006 the accused got recovered 81 counterfeit currency notes of denomination of Rs.500/- and 75 forged stamp papers of Rs.100/- from his house bearing No. B-1/192, Gali No.10, Vikas Vihar, Hastsal, Uttam Nagar, Delhi.
BRIEF FACTS/ CASE OF THE PROSECUTION:
The case of the prosecution is that on 7.2.2006 SI Raj Kumar (now Inspector), Special Team, Crime Branch received a secret information that the accused Sunil Garg @ Raj Kumar who had other cases of forged currency notes would be coming near main gate of Picnic Hut Outer Ring Road, Opposite Nagin Lake Apartment, Paschim Vihar for giving delivery of fake currency notes to his associate. The said information was reduced into writing and a raiding party comprising of HC Ishwar Dayal, Ct. Sanjay (PW4), Ct. N.K. Parivartan, Ct. Om Prakash and Ct. Sanjay No.551/W was constituted. The police party reached the spot and constituted a Nakabandi when after sometime they found the accused coming from Peeragarhi side on foot and stood near the main gate of Picnic Hut DDA Park towards Janakpuri Service lane and was having a blue coloured polythene bag in his hand. The accused was pointed out by the secret informer and after waiting for sometime the accused started to leave the spot when he was apprehended by SI Raj Kumar. On search of the accused one packet of Rs.500/- denomination was recovered from right pocket of his pant which packet was bound with rubber band and on counting the notes they were found to be 100 in numbers which were seized. On checking St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 2 the blue coloured polythene, one white coloured polythene was recovered which was was found to contain one packet of currency notes of 1000/- denomination; another packet of currency notes of Rs.500/- denomination each containing 100 notes; one bundle of non judicial stamp paper of Rs.100/- (100 in number) and one bundle of non judicial stamp paper of Rs.10/- (50 in number). All the aforesaid currency was thereafter seized and the present case was got registered.
Pursuant to his disclosure statement the accused Sunil Garg led the police party to Flat No. 264, First Floor of DDA Janta Flats, Hastsal Uttam Nagar from where the accused got recovered the gray colour Scanner, Copier and Printer and one packet of Rs.500/- denomination which packet was kept on a cot under a pillow and on counting the total number of notes were found to be 100. Further, during the investigations on 10.2.2006 the accused Sunil Garg @ Raj Kumar led the police party to house No. B-1/192, Gali No.10, Vikas Vihar, Hastsal, Uttam Nagar, Delhi from where he got recovered one packet of Rs.500/- denomination (total 81 currency notes) and one bundle of 75 stamp papers of Rs.100/- each from an iron box. After completion of investigations charge sheet was filed in the court.
CHARGE:
The Ld. Predecessor of this court has settled the charges under Sections 489C & 489D Indian Penal Code against the accused Sunil Garg @ Raj Kumar to which he pleaded not guilty and claimed trial.St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 3
EVIDENCE:
In order to prove its case the prosecution has examined only six witnesses as under:
PW1 HC Prayanath Singh is a formal witness being the Duty Officer who has deposed that on 7.2.2006 at about 6:20 pm Ct. Sanjay brought a rukka to him which was sent by SI Raj Kumar on the basis of which he recorded the FIR No. 98/06 carbon copy of which is Ex.PW1/A. He has proved that after recording the FIR he made an endorsement on the rukka which is Ex.PW1/B. According to him, copy of the FIR and original rukka was handed over to Ct. Sanjay and further investigations were handed over to ASI Ravinder.
PW2 Ct. Bijender Singh is also a formal witness who has deposed that on 3.3.2006 on the asking of the investigating officer he collected the exhibits of this case along with some other documents, priority letter, FSL Form from the MHC(M) HC Dev Singh and took the same vide RC No. 27/21/06 and deposited the same at FSL Rohini. According to the witness, after deposing the same in FSL he obtained the receipt from the officials of FSL and the same was handed over to th MHC(M). He has proved that the exhibits and the sample seal were duly sealed and the seals on them remained intact till the same remained in his possession and he did not temper with the seal.
PW3 Ct. Sanjay has deposed that on 7.02.06 he was present in the office of Crime Branch, Special Team, Prashant Vihar, SI Raj Kumar received a secret information at about 1.00 pm that one person namely Sunil Garg @ Raj Kumar, who is already involved in other cases of forged currency notes, at about 3.00 p.m. would come at St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 4 Picnic Hut, DDA Park Outer Ring Road, Opposite Nagin Lake Apartments Paschim Vihar to deliver the forged currency notes to his associates and if raided he could be apprehended. According to him, the information was shared with ACP Special Team who ordered the raid to be conducted immediately on which SI Raj Kumar recorded the information in DD register and constituted a raiding party comprising of H.C. Ishwar Dayal, Constable Sanjay No.551 of West, Const. N.K. Paviteran, Constable Om Parkash and himself and the raiding party was briefed by SI Raj Kumar. He has testified that at about 2.00 pm they along with the informer proceeded from the office Crime Branch in two separate private cars, in one of the private car, he himself, another Constable Sanjay, SI Raj Kumar and informer and in another car HC Ishwar, Constable Om Parkash and Constable N.K. Paviteran were sitting. He has deposed that at about 2:15 pm they reached under the over bridge of Peeragarhi where SI Raj Kumar asked five six passersby to join the raiding party after telling them about the secret information, however none of them joined the raiding party and due to their personal reasons they left the spot without disclosing their names and addresses. According to the witness, without wasting the time they proceeded for the spot and reached the spot at about 2.35 pm and made a nakabandi. He has deposed that at about 3.10 p.m. one person came from the side of Peeragarhi on foot and stood near the main gate of Picnic Hut DDA Park towards Janakpuri service lane and at that time, the said person was having a blue coloured polythene bag in his hand. PW3 has deposed that after seeing that person, the informer pointed out towards him and told that he was Sunil Garg @ Raj Kumar. He has also deposed that the said person started waiting for some person to come, however St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 5 none came to meet him and thereafter he started to leave the spot at about 3.30 pm when immediately the accused was apprehended by SI Raj Kumar with his help. According to PW3, on inquiry the accused gave his name as Sunil Garg @ Raj Kumar S/O late Ram Kumar and on search of the accused one packet of Rs. 500/- denomination was recovered from the right pocket of the pant of the accused which packet was bound with rubber band and on counting the notes, they were found to be 100 in numbers. The blue colour polythene bag was also checked and the polythene bag was having a red coloured designing and Life Style Chennai Hyderabad, Banglore etc. and the polythene bag, found to contain one more white colour polythene bag, which was also found to contain one packet of Rs. 1000/- denomination and the second packet was Rs. 500/- denomination. Both the packets were bound with rubber band Each packet contained 100 currency note. In the same white polythene bag, 100 stamp papers were found which were 50 in numbers. According to him, the accused was interrogated who disclosed that he came at the spot to deliver the forged currency notes and forged stamp papers to one Rishi Raj who was supposed to come at the spot along with his associate and further disclosed that Rishi Raj resident of Sonepat, Haryana is his partner. The witness has also deposed that the aforesaid currency notes of Rs. 500/- denomination which were recovered from the right pocket pant of the accused was separately kept in a transparent Jar and the recovered currency notes of Rs. 500/- and Rs. 1000/- denomination from the white polythene bag were also kept in transparent jar and a separate parcel was prepared, the blue colour and the white colour polythene bag were separately kept in a transparent jar and all the above stated four parcel were kept in white clothes and all St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 6 the four parcels were sealed with seal of RKD and seized the same vide memo Ex.PW3/A which seal after use was handed over the him. He has deposed that SI Raj Kumar prepared and rukka and it was given to him and in the mean time, ASI Ravinder had also reached at the spot, According to the witness, he went to the police station Paschim Vihar along with the rukka and got the case registered after which the Duty Officer handed over to him the original rukka and copy of the FIR and he returned to the spot and handed over the original rukka and copy of the FIR to ASI Ravinder who inspected the spot and prepared rough site plan on the pointing out of SI Raj Kumar. He has proved that the the accused was formally arrested vide arrest memo which is Ex.PW3/B, his personal search was conducted vide memo Ex.PW3/C after which the accused Sunil Garg, made a disclosure statement which is Ex.PW3/D. The witness has also deposed that the accused disclosed that he was residing in DDA flats, Hastal Uttam Nagar, Delhi and he had kept there one machine make HP and Printer with the help of which he manufactured the forged currency notes and that he along with his associate Ved Pal and Rishi Raj purchased the machinery and kept the same in the above stated house in DDA flats, and that he can get the same recovered. According to him, the accused led them to the disclosed place and from outside the aforesaid Flat No. 264, first floor of DDA Janta Flats, he took out one key which was lying under a flower pot and opened the lock of the said house and after opening the door pointed out towards the machine. The witness has further deposed that the accused further produced one packet of Rs.500/- denomination, which was kept on a cot under a pillow and the total number of the St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 7 notes were found to be 100/- in number which packet was also bounded with rubber band. He has proved that the packet of currency notes was kept in a transparent jar and it was wrapped in a white cloth and it was sealed with seal of RM and the parcel along with the machine of gray colour along with scanner, copier and printer were taken into possession vide memo Ex.PW3/E. He has testified that the accused was brought to the Police Station Samey Pur Badli and was confined in police lock up. According to him, on 8.2.06, the accused was produced in the court and was given police remand on 10.2.06 on which day he made disclosure statement Ex.PW3/F1 pursuant to which the accused Sunil Garg @ Raj Kumar led them to B-1/192, Gali No 10 Vikas Vihar, Hastsal Uttam Nagar, Delhi from where he got recovered one packet of Rs.500/- denomination from a iron box which packet of Rs. 500/- denomination was found to contain 81 currency notes of Rs 500/-. According to him, from the same iron box, he also produced one bundle of 75 stamp papers of Rs. 100/- each which packet of currency notes and stamp papers were kept in two different white clothes and they were converted into sealed parcels sealed with the seal of RM, and seized vide memo Ex.PW3/F and the seal after use was given to him. The witness has clarified that the the currency notes recovered from the right pocket pant of the accused on 7.2.2006 were taken into possession vide separate memo Ex.PW3/G and not by Ex.PW3/A. He has correctly identified the accused Sunil Garg in the court as well as the case property i.e. currency notes of Rs.500 denomination and each bearing no. 8DL 832049 which were recovered from the pocket of accused when he was apprehended, which are St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 8 collectively Ex.-P1; one Polythene of blue colour "Lifestyle Chennai, Hyderabad, Banglore, Spice it up etc. written on it which was carried by the accused which are Ex.P-2; currency notes of Rs.500 denominations which are collectively Ex.P.3; currency notes of Rs.1000/- denominations which are collectively Ex.P.4; stamp papers of Rs.100/- denomination which are collectively Ex.P.5; Stamp paper of Rs.10 denomination which are Ex.P.6; one HP colour laser jet 2820 scanner, copier and printer of grey colour which is Ex.P-7; currency notes of Rs.500 denominations bearing no. OBE 877006 which were got recovered by the accused from his tenanted house which are collectively Ex. P.8; currency notes of Rs.500/- denomination bearing no. 8DL 832049 and non-judicial stamp paper of Rs.100/- bearing A602029 got recovered by the accused from his house at Vikas Vihar on 10.02.2006 which notes are Ex. P.9 and stamp papers are collectively Ex. P.10.
In his cross-examination the witness has deposed that the secret information was received by SI Raj Kumar in his presence and the secret informer remained in the office for about one hour. According to him, the DD entry was made by SI Raj Kumar but he does not remember the DD number and states that he did not sign the departure entry. He has further deposed that they left the crime branch office in two private cars one was Maruti 800 and other was Maruti Alto but he does not remember their numbers. According to the witness, both cars were of white colour and Maruti 800 was driven by HC Ishwar Singh and Alto was driven by SI Raj Kumar. He has admitted that their office was surrounded by residential houses and shops and states that no public person was called to join the raiding St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 9 party from the nearby houses and shops. He has testified that he was sitting with SI Raj Kumar in Alto car and they reached under the over bridge of Peera Garhi at about 2;15 pm. He has also deposed that SI Rajkumar did not take any action against the passer byes who refused to join the raiding party. According to PW3, the members of the police party had scattered near over bridge of Peera Garhi and divided themselves in two groups. He has testified that he himself, SI Raj Kumar, Ct. Sanjay and informer were in one group and other raiding party consisting of HC Ishwar Dayal, Ct. N. K. Pavitran and Ct. Om Prakash remained in the second group. He has further deposed that there was a distance of about 150-200 Ft in both the raiding party/ group and the informer pointed out towards accused from a distance of 500 Ft. According to PW3, they all were in civil dress and accused came near the main gate of picnic hut DDA park at about 3.10PM and they apprehended him at about 3.30PM. He has testified that first of all SI Rajkumar apprehended the accused with his help. He has also admitted that the place of arrest was a thoroughfare and states that many persons were present inside the park but no public person gathered at the time of arrest of the accused and that only one or two public persons came. The witness has deposed that accused was interrogated at the gate of picnic hut, DDA park while standing at the spot and all writing work was done while sitting outside the DDA park. He is not aware if any public persons were called by the investigating officer at the time of recovery and states that no expert was called to check the fake currency at the spot. According to the witness they remained at the spot of arrest till 8-9PM. He has testified that there was a street light under which all the writing work was done and the plastic jar in which the case property St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 10 was kept, was brought by Ct. Om Prakash from the nearby market but the owner of the said shop was not called to join the investigation as a witness. He has further deposed that he handed over the seal to SI Raj Kumar in his office in the intervening night of 07/08.02.2006 but no memo was prepared to this effect. According to PW3, he went to Police Station with rukka at about 6.05PM and came back at the spot at about 8.00-8.30PM. He has deposed that all the memos were prepared by SI Rajkumar at the spot in his own handwriting. The witness has admitted that at the time of recovery and disclosure statement, no public persons were joined in the investigations though he admits that the house of the accused was surrounded by other house. According to him, the distance between the road and the house of accused is about 1000 yards and when they reached the housed of accused at about 9:00 pm, the same was found locked and it was opened by the accused. He has also deposed that there was one room along with balcony and kitchen and no public persons were called from the nearby house and from the ground floor of flat no. 264, to join the investigation. He does not remember the exact time when the accused was sent to lock up of police station Samaypur Badli. According to the witness on 10.02.2006 they left police station in the morning but he does not remember the exact time and states that the departure entry was made by ASI Ravinder. The witness has also deposed that they left the Police Station in a Wagon-R car but he does not remember its number and colour and they reached B-1/192 Gali no.10, Vikas Vihar, Hastsar, Uttam Nagar Delhi within half an hour. He has further testified that mother of the accused was present in the house and one or two tenants were present there and he does not remember if any public person or tenant was made a witness of St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 11 recovery of not. The witness has deposed that all the writing work was done while sitting inside the house and they remained there for about one to one and a half hour and came to the court to produce the accused before Ld. ACMM. PW3 Ct. Sanjay has denied the suggestion that the accused was lifted from his house on 06.02.2006 at about 4.30AM and has been falsely implicated in this case or that no currency notes or stamp papers were recovered from the accused. He has also denied that the scanner, copier and printer were not recovered at the instance of the accused or that no disclosure statement was made by the accused.
PW4 Inspector Raj Kumar has deposed that on 07.02.2006 he was posted as an SI in Special Team Crime Branch.
According to him, he was having the information that one Sunil Garg @ Raj Kumar who had many time gone to jail in connection with fake currency notes, had came out from the jail and was still doing dealings in the fake currency notes. He has deposed that on 07.02.2006 at about 1.00 PM received a secret information that Sunil Garg @ Raj Kumar would came near main gate of picnic hut, outer ring road, Opposite Nagin Lake Apartment, Paschim Vihar for giving delivery of fake currency notes, if raided could be apprehended. He has proved having lodged DD No.4 in this regard copy of which is Ex.PW4/A and thereafter passed this information to ACP who instructed him to take the necessary action pursuant to which he along with HC Ishwar Dayal, Ct. Sanjay, Ct. N. K. Pavitran, Ct. Om Prakash and Ct. Sanjay constituted a raiding party and he briefed them and thereafter at about 2.00PM he along with members of raiding party and secret informer left the office in two Maruti Cars. According to the witness, in one car he St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 12 along with Ct. Sanjay and another Ct. Sanjay and Secret Informer had gone and in another car HC Ishwar, Ct. Om Prakash Ct. N. K. Pavitran were sitting. He has testified that at about 2.15PM they reached at Peera Garhi Bridge and he asked four to five persons to join the raiding party but none agreed and went away without telling their names and addresses after which at about 2.35PM they reached picnic hut, service lane, main gate and made nakabandi and at about 3.10 PM one boy came from Peera Garhi Side who was carrying one polythene and he started waiting for some one. The witness has also deposed that at about 3.3.0 PM when that boy started moving, than at the instance of secret informer, he was apprehended and his name after enquiry was revealed as Sunil Garg @ Raj Kumar and from his search one packet of currency notes of Rs.500 denomination was recovered from his right pocket of the pant and on checking there were 100 notes in the packet. The witness has further deposed that the polythene of blue coloured on which Lifestyle Chennai, Banglore, Hyderabad, "Spice it up" was written was also checked and inside it there was one white polythene which polythene contained one packet of currency notes of 1000 and another packet of currency notes of Rs.500/- denomination each containing 100 notes and one bundle of non judicial stamp paper of Rs.100/- containing 100 stamp papers and one bundle of Non-judicial papers of Rs.10/- containing 50 stamp papers and the number of the stamp paper of Rs.100/- was A602029 and number of stamp paper of Rs.10/- was 03AA288547. The witness has further deposed that the accused Sunil Garg disclosed to them that they were fake and he had to deliver to one person who is to be brought by Rishi Raj S/o Om Prakash. According to PW4, the currency notes of Rs.500 St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 13 denomination which were recovered from the pocket of the accused were having same number of 8DL 832049, were put up into a plastic jar and sealed with the seal of RKD which was seized vide memo Ex.PW3/G; the stamp papers were put up into a polythene and sealed with seal of RKD, the currency notes of Rs.1000/- denomination which were recovered from polythene were having same number of 3AP 754616 and the currency notes of Rs.500/- denomination were having number of OBE877006 which were also put into a plastic jar and sealed with the seal of RKD and the polythenes were kept into a separate plastic jar and seal with the seal of RKD and all theses were seized vide memo Ex.PW3/A. He has also deposed that the seal after use was handed over to Ct. Sanjay. The witness has proved having prepared the rukka which is Ex.PW4/B which rukka was handed over to Ct. Sanjay No.2785 for getting the FIR registered. He has further testified that after registration of FIR Ct. Sanjay came back at the spot in the meantime and ASI Ravinder reached at the spot to whom further investigation was handed over. The witness has also testified that he handed over to ASI Ravinder all the investigation papers, accused and the case property after which ASI Ravinder prepared the site plan at his instance which is Ex.PW4/C. The witness has correctly identified the accused in the court and the case property i.e. currency notes of 500 denomination bearing no. 8DL 832049 recovered from the pant of the accused which are Ex.P.1; one polythene of blue colour which also contains one polythene of white colour which are collectively Ex.P.2; currency notes of Rs.100/- denomination bearing no. 3AP 754616 which are Ex.P-3; currency notes of Rs.500/- denominations bearing no. OBE St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 14 877006 which are Ex.P-4, non-judicial stamp paper of Rs.100/- bearing number A - 602029 which are Ex.P-5 and of Rs.10/- bearing no. 03 AA 288457 which are Ex.P-6.
In his cross-examination the witness has deposed that on 07.02.2006 informer came to his office at about 1.00 PM and when he received secret information, he was alone in his office who remained with him till 3.10 PM. He has admitted that their office is surrounded by residential houses and shops and states that no public person was called to join the raiding party from the nearby houses and shops. He has also deposed that he was accompanied with two constables namely Sanjay and the Informer and in other car HC Ishwar Dayal, Ct. N.K. Pavitran and Ct. Om Prakash were present. The witness has admitted that that Peera Garhi Bridge is a thoroughfare and there are residential houses and shops situated nearby. According to him, he did not call any public person from nearby houses to join the raiding party nor did he take any action against those person who refused to join the raiding party. The witness has also deposed that the informer pointed out the accused from the distance of 150-200 meters after which they all scattered into three groups near the main gate of picnic hut, DDA Park. He has testified that he along with Ct. Sanjay were in one ground and Ct. N. K. Pavitran and Ct. Om Prakash were in other group and Ct. Sanjay and HC Ishwar Dayal were in third group and the informer was with him. He has also deposed that the distance between each group was about 10 to 15 meters and they all were in civil dress. The witness has further deposed that the accused did not try to escape and could not see them and first of all he along with Ct. Sanjay apprehended the St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 15 accused. According to PW4, he did not call any public person before taking the search of accused nor did he call any expert to check the currency notes. He has also deposed that the accused was interrogated near the gate of the picnic hut, DDA park while in a standing position and is not aware how many persons were present inside the picnic hut, DDA park. The witness has testified that all the writing work was done while sitting inside the vehicle which were parked outside the DDA park and he left the spot of arrest at about 6.30PM. He has also deposed that the plastic jars in which the case property was kept was already in his IO bag. According to the witness, he prepared all the memos with the help of Ct. Sanjay and he sent rukka through Ct. Sanjay at about 6.05PM but he is not aware in which transport Ct. Sanjay went to the Police Station with rukka. He has admitted that he had not sent any information to the local police regarding this incident before sending the rukka. He has deposed that ASI Ravinder reached the spot at about 6.00 PM but he is not aware at which time Ct. Sanjay returned back from the Police Station after registration of the case. The witness has admitted that the site plan is not signed by him and states that it was prepared at his instance. He has denied the suggestion that the accused was lifted from his house on 06.02.2006 at about 4.30AM and falsely implicated in the present case or that no currency notes and stamp papers were recovered from the accused. He has also denied that all the proceedings were conducted while sitting in the police station or that some people from Narela were apprehended in their office who were let off and the accused has been falsely implicated in this case.
PW5 Sh. Anurag Sharma, Senior Scientific Officer St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 16 (Document) FSL Rohini has deposed that on 3.3.2006 they received the following exhibits in sealed condition:
1. 181 currency notes each of denomination of Rs.500/- marked Q1 to Q 181 bearing number 8DL 832049.
2. 200 currency notes each of denomination of Rs.500/- marked Q 182 to Q381 bearing no. OBE 877006.
3. 100 currency notes each of denomination of Rs.1000/- marked Q382 to Q481 bearing no. 3AP 754616.
4. 175 Stamp Papers of Rs.100/- each marked Q 482 to Q656 bearing no. A 602029.
5. 50 Stamps Papers of Rs.10/- each marked Q657 to Q706 and bearing no. O3AA 288547.
According to the witness, on 21.3.2006 following exhibits were received in unsealed condition:
1. One stamp paper of Rs.100/- marked A1 bearing no. number A 722912.
2. One stamp paper of Rs.10/- marked A2 bearing the number O3AA 949042.
He has proved that all the exhibits were carefully and scientifically examined with various scientific instruments and he was of the opinion that all the questioned exhibits i.e. currency notes and stamp papers were counterfeit in nature. He has proved his report in this regard which is Ex.PW5/A and has deposed that after examination all the exhibits along with the original report were handed over to the authorized messenger of the forwarding authority on 7.8.2006 in the St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 17 sealed packet sealed with the seal of DOC, FSL. In his cross- examination the witness has denied the suggestion that he had examined the exhibits in mechanical manner without comparison with authentic scientific instruments.
PW6 ASI Ravinder is the Investigating Officer who has deposed that on 7.2.2006 he was posted as ASI in Crime Branch and on that day at about 4:30 - 5:00 pm ACP Sh. A.K. Lal directed him to reach at DDA Park Paschim Vihar. According to him,he reached DDA Park Paschim Vihar at about 6:00 pm and found SI Raj Kumar apprehending accused Sunil and briefed the fact to him and also handed over him the seizure memos of recovered counterfeit currency notes, sealed parcel of counterfeit currency notes and custody of the accused along with stamp papers. He has proved having prepared the site plan at the instance of SI Raj Kumar which is Ex.PW4/C and thereafter he arrested the accused vide memo Ex.PW3/B and carried out his personal search vide memo which is Ex.PW3/C. He has deposed that thereafter the accused led him to House No. 264, First Floor, Janta Hastsal from where the accused got recovered a machine including printer and scanner by which the accused used to print the notes and a packet of Rs.500/- (100 in number) which the accused got recovered from under the pillow and a key counterfeit note which were sealed with the seal of RM and seized vide memo Ex.PW3/F. The witness has deposed that thereafter he along with the case property and accused returned to Police Station and the case property was deposited with the MHCM. He has further deposed that during the time of investigations the accused made a disclosure statement which is Ex.PW3/A. The St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 18 investigating officer has further deposed that thereafter the accused was produced before the concerned court and was taken on police custody remand for two days. According to him, on 10.2.2006 the accused again led the police party to B-1/192, Gali no. 10 Vikas Vihar, Hastsal from where the accused got recovered 81 counterfeit currency notes of the denomination of Rs.500/- and 75 stamp papers of Rs.100 each which were sealed with the seal of RM and seized vide memo Ex.PW3/P. He has further deposed that thereafter he along with the accused returned to the Police Station and the case property was deposited with the MHCM. The identity of the case property was not disputed by the Ld. Defence Counsel since the same had already been exhibited in the court in the testimony of other witnesses.
In his cross-examination the witness has deposed that on 7.2.2006 he made the departure entry but he does not remember the DD No. According to him, he reached the Paschim Vihar DDA park in his own private car alone and remained there upto 9:00 pm. He has deposed that all the writing work was done under the street light and some work was done while sitting inside the car and some work was done by putting the file on the bonnet of the car. He has deposed that he along with Ct. Sajay, Ct. Parivartan, HC Ishwar Dayal and another Ct. Sanjay reached the House No. 264 First Floor, Janta Flat, Hastsal at about 10:00 pm and they all were in plain clothes. He has admitted that House No. 264 is surrounded by other residential houses and was situated in thickly populated area. He is unable to tell the name of the persons from the locality who were called to join the investigation and states that when they reached the said premises, they were locked. The St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 19 witness has further testified that all the proceedings were conducted in the said room and they remained at the said premises for about 32-45 minutes. According to him, on 10.2.2006 they left the police station along with the accused at about 8/9:00 am for investigations and he made the departure entry but he does not remember the number of the same. He has deposed that they left the police station in a private car but he is unable to tell the number and make of the car and states that Ct. Sanjay was driving the car. He has testified that the mother of the accused was present in the house who left the house when they reached there. He has admitted that the house of accused is situated in a thickly populated area and states that they tried to join the neighbours in the proceedings but none agreed. He is unable to tell the names of the neighbours who refused to join the proceedings. According to PW6, all the memos are in his handwriting and they remained there upto 11/ 11:30 am and no site plan showing the place of recovery was prepared by him. He has denied the suggestion that no disclosure statement was made by the accused or that the accused was lifted from his house on 6.2.2006 at about 4:30 am and falsely implicated in the present case. He has also denied that currency notes or stamp papers were not recovered from the possession of the accused or that no scanner, copier and printer was recovered from the accused.
Statement of the accused/ defence evidence:
After completion of prosecution evidence the statement of the accused was recorded under Section 313 Code of Criminal Procedure wherein all incriminating evidence was put to him, which he has denied. He has stated that he is innocent and has been falsely St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 20 implicated in this case. According to him, the police officials lifted him from his house on 5.2.2006 at about 4:30 pm and was taken to Crime Branch office at Prashant Vihar and later on he was falsely implicated in the present case. He has further stated that nothing was recovered from his possession or at his instance. The accused has examined one Sukhbir in his defence as DW1 DW1 Sukhbir has deposed that he is the neighbour of the accused. He does not recollect the date but according to him, the accused Sunil Garg was taken by the police from his house in the morning.
In his cross-examination the witness has deposed that he is a security guard at Dwarka Sector-16 where he has been posted through an Agency but he is unable to tell the name of the agency. He is also unable to tell the details of the colony or place where he is presently posted as guard but states that he only knows that it is in Sector - 16. On a specific court question the witness has deposed that he had only seen the accused in the neighbourhood. He has admitted that he does not know any family details of the accused or the details of his employment. He is also unable to tell why the accused is arrested in this present case and if he has any other involvement. According to him, on the day of the incident the accused had come home in intoxicated condition and his mother was pulling him inside the house. He has also deposed that some police persons had lifted the accused from his house and that he had seen that some persons in civil clothes had come to the house of the accused and his wife started shouting Chor-Chor on which the said persons said that they were staff. He has St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 21 admitted that the said persons did not say that they were from police staff and states that he did not see them in uniform. He has further admitted that he cannot tell if the said persons who had taken the accused were from the police staff or somebody else.
FINDINGS:
I have heard the arguments advanced before me by the Ld. Addl. PP for the State and the Ld. Amicus Curiae appearing on behalf of the accused. I have also considered the testimonies of the various witnesses examined by the prosecution and have gone through the record of the case. My findings are as under:
Identity of the accused:
In so far as the identity of the accused Sunil Garg @ Raj Kumar is concerned, it stands established. Ct. Sanjay (PW3) and Inspector Raj Kumar (PW4) both of whom were members of the special Team, Crime Branch, have identified the accused Sunil Garg @ Raj Kumar as the boy who was apprehended by them pursuant to a secret information from whose possession one packet of Rs.500/- denomination was recovered which were later on found to be fake. Ld. Amicus Curiae appearing on behalf of the accused has vehemently argued that despite having prior information no public person was joined in the raiding party for which reason an adverse inference is liable to be drawn against the prosecution. I have considered the submissions made. It is evident from the testimonies of the witnesses Ct. Sanjay (PW3) and Inspector Raj Kumar (PW4) that sufficient efforts were made by Inspector Raj Kumar to join four to five public persons St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 22 and asked them to join the raiding party but none of them joined the raiding party and left the spot without telling their names and addressed and therefore, without wasting any further time they constituted a nakabandi and started checking the vehicles and at about 3:10 pm they saw the accused coming from Peeragarhi on foot and stood near the main gate of Picnic Hut DDA Park, towards Janakpuri service lane and at that time he was having a blue coloured polythene bag in his hand. The secret informer pointed towards the said person and told the raiding party that his name was Sunil Garg @ Raj Kumar and at about 3:30 pm at the instance of the secret informer the accused was apprehended. It is evident from the record that the information received by the Special team was by name which information was reduced into writing vide DD No.4A which is present on record and is Ex.PW4/A duly proved by PW4 and therefore, under these circumstances, there can be no doubt regarding the identity of the accused. The above evidence has gone unrebutted. I hereby hold that the identity of the accused Sunil Garg @ Raj Kumar as the boy who had been apprehended by the police party headed by Inspector Raj Kumar stands established.
Arrest of the accused and recovery of forged/ counterfeit currency:
The case of the prosecution is that on 7.2.2006 SI Raj Kumar (now Inspector), Special Team, Crime Branch received a secret information regarding the accused Sunil Garg @ Raj Kumar who had other cases of forged currency would be coming near main gate of Picnic Hut Outer Ring Road, Opposite Nagin Lake Apartment, Paschim Vihar for giving delivery of fake currency notes to his associate which St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 23 information was reduced into writing and a raiding party comprising of HC Ishwar Dayal, Ct. Sanjay (PW4), Ct. N.K. Parivartan, Ct. Om Prakash and Ct. Sanjay No.551/W was constituted. After constituting the raiding party at about 2:00 pm they reached the spot along with the secret informer in two cars and at about 2:15 pm they reached at Peeragarhi bridge. There five to six persons were requested to join the police party but they left the spot without disclosing their names and addresses and thereafter the police party reached the spot and constituted a Nakabandi when after sometime they found the accused coming from Perragarhi side on foot and stood near the main gate of Picnic Hut DDA Park towards Janakpuri Service lane and was having a blue coloured polythene bag in his hand. The accused was pointed out by the secret informer. The said boy/ accused after waiting for sometime started to leave the spot when he was apprehended by SI Raj Kumar. On search of the accused one packet of Rs.500/- denomination was recovered from right pocket of his pant which packet was bound with rubber band and on counting the notes they were found to be 100 in numbers which were seized vide memo Ex.PW3/G. On checking the blue coloured polythene, it was found to contain one white coloured polythene which polythene was found to contain one packet of currency notes of 1000/- denomination; another packet of currency notes of Rs.500/- denomination each containing 100 notes; one bundle of non judicial stamp paper of Rs.100/- (100 in number) and one bundle of non judicial stamp paper of Rs.10/- (50 in number) which were also seized vide memo Ex.PW3/A. St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 24 In this regard the testimonies of PW3 Ct. Sanjay and PW4 Inspector Raj Kumar are most material. They have corroborated each other on material particulars. The recovery of the currency notes has been duly proved by the witnesses and in fact Inspector Raj Kumar (PW4) has given the series of the denomination of the currency notes and identified the same in the court. Further, pursuant to his disclosure statement Ex.PW3/D the accused Sunil Garg led the police party to Flat No. 264, First Floor of DDA Janta Flats, Hastsal Uttam Nagar from where the accused got recovered the gray colour scanner, copier and printer and one packet of currency note of Rs.500/- denomination which packet was kept on a cot under the pillow and on counting the total number of notes were found to be 100 which were seized vide memo Ex.PW3/E. During the investigations on 10.2.2006 the accused Sunil Garg @ Raj Kumar further led the police party to House No. B-
1/192, Gali No.10, Vikas Vihar, Hastsal, Uttam Nagar, Delhi from where he got recovered one packet of Rs.500/- denomination (total 81 currency notes) and one bundle of 75 stamp papers of Rs.100/- each from an iron box which were seized vide memo Ex.PW3/F. Ld. Amicus Curiae appearing on behalf of the accused has vehemently argued that the entire recovery in the present case has been effected only in the presence of police officials and no independent public witness has been joined for which the testimonies of the police witnesses are required to be discarded. I have considered the submissions made. Firstly in so far as the recovery of fake currency from the possession of the accused at the spot of his apprehension at DDA Park is concerned, I may observe that it was pursuant to a secret St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 25 information received by Inspector Raj Kumar which was reduced in to writing vide DD No.4, that the police party without wasting any time reached at the spot along with the secret informer. They had made efforts on the way to join the public witnesses after explaining the information to them but none agreed to join the police party and thereafter the raiding party was constituted and rushed to the spot in two teams because by that time the accused had already reached the spot and was pointed out by the secret informer. This being the background there was no time which could have been wasted in asking the public persons to join keeping in view the urgency involved since by that time the accused who was standing at the spot had started moving and had to be stopped. Therefore, under these circumstances, I hereby hold that non joining of the public witnesses will not be fatal to the case of the prosecution.
Secondly it is evident that soon after the recovery was effected from the possession of the accused from the spot itself he disclosed to the police that the currency notes were fake and also led the police party to Flat No. 264, First Floor, DDA Janta Flats, Hastsal, Uttam Nagar from where he got recovered the gray coloured Scanner, Printer & Copier along with the packet of currency notes of Rs.500/- denomination which were kept on a cot under the pillow which currency notes on counting were found to be 100 in number. The machine i.e. Scanner, Copier and Printer along with the fake currency were seized vide memo Ex.PW3/E. It was pursuant to the arrested and disclosure of the accused from the spot that the accused led the police party to this house at about 9:00 pm to 10:00 pm i.e. during late night St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 26 hours. These being the circumstances, there is no reason to discard the testimonies of the police witnesses.
Lastly in so far as the recovery of the fake currency on 10.2.2006 from House No. B-1/192, Gali No.10, Vikas Vihar, Hastsal Vihar, Uttam Nagar, Delhi is concerned, I hold that the the accused Sunil Garg @ Raj Kumar at the relevant time was in the custody of the police as they had taken him on police remand and there was sufficient time with the investigating officer to have join public witnesses more so since the cross-examination of Ct. Sanjay (PW3) reveals that when they went to House No. B-1/192, Gali No.10, Vikas Vihar, Hastsal Vihar, Uttam Nagar, Delhi one or two other tenants were also present there. Why then under the given circumstances the said tenants were joined in the police party. Hence, under these circumstances in so far as the recovery effected from the accused on 10.2.2006 is concerned benefit of doubt is being given to the accused.
The essential ingredients for the offence under Section 489C Indian Penal Code is "knowing or having reason to believe the currency-notes to be forged or counterfeit". Without the mens rea the possession of the such Currency Notes is not sufficient to make out a case under Section 489C Indian Penal Code. [Ref.: Umashanker Vs. State of Chattisgarh reported in 2002 SCC (Cri) 758]. The object of the provision is to stop the circulation of forged/ counterfeit Currency Notes by punishing all persons who knowing or having reasons to believe the same to be forged/ counterfeit, does any act which could lead to their circulation.
St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 27It is evident that the evident on record that the fact that the Currency Notes were counterfeit stands established from the disclosure of the accused leading to the recovery of the machinery i.e. HP Laser Jet Printer, Scanner and Copier from the house of the house bearing flat No. 264, DDA Janta Flats, Hastsal, Uttam Nagar, Delhi along with the fake Currency Notes recovered by him.
The knowledge/ mens rea is writ large and stands established and I hereby hold that in so far as the recovery of fake Currency Notes and Stamp Papers recovered from the possession of the accused at Picnic Hut, DDA Park at the spot pursuant to the secret information on 7.2.2006 and the recovery of the fake Currency Notes got effected by the accused Sunil Garg @ Raj Kumar from Flat No. 264, First Floor, DDA Janta Flats, Hastsal Uttam Nagar, Delhi, is concerned the same has been duly proved beyond reasonable doubt.
Recovery of the machinery:
The case of the prosecution is that soon after the accused was arrested at the spot, he was interrogated at length during which interrogation he disclosed that he along with his associates Ved Pal and Rishi Raj had purchased the machinery i.e. HP Printer and Scanner which he had kept at DDA Flats, Hastsal, Uttam Nagar, Delhi which the help of which machine they used to produce the counterfeit Currency Notes. Without wasting any time the police party accompanied the accused Sunil Garg @ Raj Kumar who led the police party to Flat No. 264, First Floor DDA Janta Flats and took out a key lying under a flowerpot and opened the lock of the said house and pointed out towards the machine and also got recovered one packet of Rs.500/-St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 28
denomination (10 in number) which were seized vide memo Ex.PW3/E which aspect has been duly proved by Ct. Sanjay (PW3) and ASI Rravinder (PW6). The said machine i.e. HP Laser Jet 2820 Scanner, Copier and Printer (Ex.P-7) has been duly produced in the court which has been identified by Ct. Sanjay (PW3) and Inspector Raj Kumar (PW4).
Ld. Amicus Curiae appearing on behalf of the accused has vehemently argued that no public witness has been joined in view of which the recovery of the machine appears to be doubtful. In this regard, ASI Ravinder has been cross-examined at length. He has deposed that when they reached the house of the accused it was around 9:00 pm and therefore in the month of February during the late night hours it would have been difficult to join the public persons. As already observed herein above there was no occasion/ opportunity for the police to have join public witnesses since soon after his arrest at the spot, it was the accused Sunil Garg @ Raj Kumar who himself disclosed about the machine being kept at Flat No. 264, DDA Janta Flats, Hastsal, Uttam Nagar and the police party accompanied the accused to that address from where the recovery of the gray coloured Scanner, Copier and Printer was effected. Further, the aspect of the recovery of machinery has been duly proved by PW3 Ct. Sanjay and PW6 ASI Ravinder which aspect has not been successfully controverted. Therefore, I hereby hold that the recovery of the machine i.e. HP Laser Jet 2820 Scanner, Copier and Printer at the instance of the accused Sunil Garg stands established.
St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 29Though the said recovery pursuant to the disclosure of the accused is not sufficient for holding the accused Sunil Garg @ Raj Kumar guilty of the offence under Section 489 D Indian Penal Code since the fact that it was being used or the accused had used or was intending to use the same for manufacturing counterfeit currency, is an aspect which is only borne out from the disclosure statement of the accused himself which does not find any independent corroboration from any the source and therefore, benefit of doubt is being given to the accused for the said purposes. However, this evidence can be used for corroborative purposes of establishing the knowledge so attributed to the accused in so far as the provisions of Section 489 C Indian Penal Code are concerned.
Forensic Evidence:
Sh. Anurag Sharma (PW5), Senior Scientific Officer, FSL Rohini had proved that on 3.3.2006 they had received following exhibits in the sealed condition:
1. 181 currency notes each of denomination of Rs.500/- marked Q1 to Q 181 bearing number 8DL 832049 (100 Currency Notes recovered from the possession of the accused Sunil Garg @ Raj Kumar at the spot on 7.2.2006 and 81 from his house bearing no. B-1/129, Gali No.10, Vivek Vihar, Uttam Nagar).
2. 200 currency notes each of denomination of Rs.500/- marked Q 182 to Q381 bearing no. OBE 877006 (recovered from the possession of the accused Sunil Garg @ Raj Kumar at the spot).St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 30
3. 100 currency notes each of denomination of Rs.1000/- marked Q382 to Q481 bearing no. 3AP 754616 (recovered from the possession of accused Sunil Garg @ Raj Kumar at the spot).
4. 175 Stamp Papers of Rs.100/- each marked Q 482 to Q656 bearing no. A 602029 (100 recovered from the possession of the accused Sunil Garg @ Raj Kumar at the spot on 7.2.2006 and 75 recovered from his house bearing no. B-1/129, Gali No.10, Vivek Vihar, Uttam Nagar on 10.2.2006).
5. 50 Stamps Papers of Rs.10/- each marked Q657 to Q706 and bearing no. O3AA 288547 (recovered from the possession of the accused Sunil Garg @ Raj Kumar at the spot on 7.2.2006).
He has thereafter proved his report which is Ex.PW5/A wherein he has opined that the currency notes and stamp papers so recovered were counterfeit in nature. The said witness has not been duly controverted in any manner and I hereby hold that the fact that Currency Notes and Stamp Papers recovered from the possession of accused Sunil Garg were counterfeit, stands established.
Defence of the accused:
The accused has examined one Chowkidar namely Sukhbir as DW1 who states that he is the neighbour of the accused. According to him, he does not recollect the date but the accused Sunil Garg was taken by the police from his house in the morning. He is unable to tell the date on which the said incident had happened. He admits that he had not made any complaint nor informed any higher authorities in St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 31 respect of the same According to him, he remembered the incident because on the day of incident the accused had come home in intoxicated condition and his mother was pulling him inside the house and he saw some persons in civil clothes had come to the house of accused on which his wife started shouting chor-chor on which the said persons informed that they were staff. He has admitted that the said persons did not say that they they were from police staff.
I may mention that when DW1 Sukhbir was asked by the court regarding the time he knew the accused, he simply states that he had only seen the accused in the neighbourhhod and is unable to give any details of the family of the accused. The story put forward by the witness Sukhbir who is the alleged neighbour of the accused appears to have been concocted which is liable to be ignored as such.
FINAL FINDINGS:
In the case of Sharad Birdhichand Sarda Vs. State of Maharastra, reported in AIR 1984 SC 1622, the Apex Court has laid down the tests which are pre-requisites before conviction should be recorded, which are as under:
1. The circumstances from which the conclusion of guilt is to be drawn should be fully established.
The circumstances concerned 'must or should' and not 'may be' established;
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 323. The circumstances should be of conclusive nature and tendency;
4. They should exclude every possible hypothesis except the one to be proved; and
5. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
Applying the settled principles of law to the facts of the present case, the identity of the accused Sunil Garg @ Raj Kumar stands established. It stands established that on 7.2.2006 pursuant to a secret information the accused was apprehended by the members of Special Team Crime Branch. It also stands established that on search of the accused one packet of Currency Notes of Rs.500/- denomination (100 in number) bearing the series 8DL 832049 was recovered from the right pocket of his pant. Further, it has been established that on checking the blue coloured polythene which the accused was having in his hand, one white coloured polythene was recovered which was found to contain one packet of currency notes of 1000/- denomination bearing the series 3AP 754616; another packet of currency notes of Rs.500/- denomination bearing the series 0BE 877006 each containing 100 notes; one bundle of non judicial stamp paper of Rs.100/- (100 in number) bearing the series A-602029 and one bundle of non judicial stamp paper of Rs.10/- (50 in number) bearing the series 03AA 288547. It also St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 33 stands established that pursuant to his disclosure the accused Sunil Garg led the police party to Flat No. 264, First Floor of DDA Janta Flats, Hastsal Uttam Nagar from where he got recovered the gray colour Scanner, Copier and printer and one packet of Rs.500/- denomination bearing the series 0BE 877006 (100 in number). However, the prosecution has not been able to prove the recovery got effected from the accused on 10.2.2006 beyond reasonable doubt. It stands established from the FSL report that the currency notes and stamp papers so recovered from the possession of the accused were counterfeit.
The prosecution has proved the identity of the accused, the manner in which the offence has been committed, place of commission of the offence, the investigation including the documents prepared, seizure memo etc. There is nothing which could shatter the veracity of the prosecution witnesses or falsify the claim of the prosecution. All the prosecution witnesses have materially supported the prosecution case and the testimonies of the prosecution witnesses do not suffer from any infirmity, inconsistency or contradiction and are consistent and corroborative. The evidence of the prosecution witnesses is natural and trustworthy and corroborated by forensic evidence and the witness of the prosecution have been able to built up a continuous link.
The fact that the accused Sunil Garg @ Raj Kumar found in possession of the counterfeit Currency Notes and Stamp Papers believing the same to the counterfeit, stands established. The recovery of the instrument/ material for forging the counterfeit currency notes also stands established. However, the requisite mens rea and the act, except for the disclosure statement of the accused, to show that he had St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 34 used or intended to use the machinery for forging/ counterfeiting the currency notes has not been proved beyond reasonable doubt. Though the recovery and possession of the machinery i.e. HP Laser Jet Scanner, Copier and Printer has been proved but the fact that it was being used or the accused had used or was intending to use the same is an aspect which is only borne out from his own disclosure statement but does not find any independent corroboration. Therefore, benefit of doubt is being given to the accused in so far as the provisions of Section 489-D Indian Penal Code is concerned.
In view of my aforesaid discussion, I hereby hold the accused Sunil Garg @ Raj Kumar guilty of the offence under Section 489C Indian Penal Code for which he is accordingly convicted. He has, however, been acquitted of the charge under Section 489D Indian Penal Code.
Case be listed for arguments on sentence on 26.5.2011.
Announced in the open court (Dr. KAMINI LAU) Dated: 20.5.2011 ASJ-II(NW)/ 20.5.2011 St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 35 IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS JUDGE-II (NORTH-WEST): ROHINI COURTS: DELHI Sessions Case No. 643/06 Unique Case ID No.: 02404R0069112006 State Vs. Sunil Garg @ Raj Kumar S/o Sh. Ram Kumar R/o B-1/192, Vikas Vihar, Uttam Nagar, Delhi (Convicted) FIR No.: 98/06 Police Station: Paschim Vihar Under Section: 489C & 489D Indian Penal Code Date of conviction: 20.5.2011 Arguments heard on: 26.5.2011 Date of sentence: 27.5.2011 APPEARANCE: Present: Sh. Taufiq Ahmed, Ld. Addl. Public Prosecutor for the State.
Convict Sunil Garg @ Raj Kumar in judicial custody with Amicus Curiae Ms. Sadhna Bhatia advocate.
ORDER ON SENTENCE:
Vide my detailed judgment dated 20.5.2011 the accused Sunil Garg @ Raj Kumar has been held guilty of the offence under Section 489C Indian Penal Code and accordingly convicted. He has, St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 36 however, been acquitted of the charge under Section 489D Indian Penal Code.
The case of the prosecution is that on 7.2.2006 SI Raj Kumar (now Inspector), Special Team, Crime Branch received a secret information that the accused Sunil Garg @ Raj Kumar who had other cases of forged currency notes would be coming near main gate of Picnic Hut Outer Ring Road, Opposite Nagin Lake Apartment, Paschim Vihar for giving delivery of fake currency notes to his associate. The said information was reduced into writing and a raiding party comprising of HC Ishwar Dayal, Ct. Sanjay (PW4), Ct. N.K. Parivartan, Ct. Om Prakash and Ct. Sanjay No.551/W was constituted. The police party reached the spot and constituted a Nakabandi when after sometime they found the accused coming from Peeragarhi side on foot and stood near the main gate of Picnic Hut DDA Park towards Janakpuri Service lane and was having a blue coloured polythene bag in his hand. The accused was pointed out by the secret informer and after waiting for sometime the accused started to leave the spot when he was apprehended by SI Raj Kumar. On search of the accused one packet of Rs.500/- denomination was recovered from right pocket of his pant which packet was bound with rubber band and on counting the notes they were found to be 100 in numbers which were seized. On checking the blue coloured polythene, one white coloured polythene was recovered which was was found to contain one packet of currency notes of 1000/- denomination; another packet of currency notes of Rs.500/- denomination each containing 100 notes; one bundle of non judicial stamp paper of Rs.100/- (100 in number) and one bundle of non judicial St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 37 stamp paper of Rs.10/- (50 in number). Pursuant to his disclosure statement the accused Sunil Garg led the police party to Flat No. 264, First Floor of DDA Janta Flats, Hastsal Uttam Nagar from where the accused got recovered the gray colour Scanner, Copier and Printer and one packet of Rs.500/- denomination which packet was kept on a cot under a pillow and on counting the total number of notes were found to be 100. Further, during the investigations on 10.2.2006 the accused Sunil Garg @ Raj Kumar led the police party to house No. B-1/192, Gali No.10, Vikas Vihar, Hastsal, Uttam Nagar, Delhi from where he got recovered one packet of Rs.500/- denomination (total 81 currency notes) and one bundle of 75 stamp papers of Rs.100/- each from an iron box.
On the basis of the testimonies of the various witnesses of the prosecution this court has held the accused Sunil Garg @ Raj Kumar guilty of the offence under Section 489C Indian Penal Code and accordingly convicted. However, he has been acquitted of the charge under Section 489D Indian Penal Code.
I have heard the arguments on the point of sentence. The convict Sunil Garg is a young boy of 25 years having a family comprising of an aged widow mother, one brother and four married sisters and one of the married sister is totally dependent upon him. He is 8th class pass and is a Driver by profession. The convict has already remained in judicial custody in the present case for about four years, eleven months and nineteen days. He has been convicted in three other cases involving similar allegations i.e. FIR No. 136/03, Police Station Nabi Karim, under Section 489 A, B, C, & D IPC; FIR St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 38 No.212/03, Police Station Nabi Karim, under Section 489 C IPC and FIR No.285/04, Police Station Vivek Vihar, under Section 489 C IPC. Ld. Amicus Curiae appearing on behalf of the convict submits that keeping in view the young age of the convict a lenient view be taken against him.
The Ld. Addl. PP for the State on the other hand has prayed for a strict punishment against the convict keeping in view the nature of crime.
I have considered the rival contentions. The object of the provisions of Section 489C Indian Penal Code is to stop the circulation of forged notes by punishing all persons who knowing or having reasons to believe the same to be forged do any act which could lead to their circulation. This is a serious offence affecting national economy. The convict Sunil Garg @ Raj Kumar is a habitual offender and has already been convicted in three cases involving similar allegations and any lenient view under these circumstances would be miscarriage of justice. Therefore, I sentence the convict Sunil Garg @ Raj Kumar to Rigorous Imprisonment for a period of Seven Years and fine to the tune of Rs.5,000/- for the offence under Section 489-C Indian Penal Code. In default of payment of fine the convict shall undergo Simple Imprisonment for a period of One month.
Benefit of Section 428 Cr.P.C. shall be given to the convict for the period already undergone by him during the trial as per rules.
The convict is informed that he has a right to prefer an appeal against this judgment. He has been apprised that in case he St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 39 cannot afford to engage an advocate, he can approach the Legal Aid Cell, functioning in Tihar Jail or write to the Secretary, Delhi High Court Legal Services Committee, 34-37, Lawyers Chamber Block, High Court of Delhi, New Delhi.
One copy of the judgment and order on sentence be given to the convict free of costs and another be attached with his jail warrants.
File be consigned to Record Room.
Announced in the open court (Dr. KAMINI LAU)
Dated: 27.5.2011 ASJ (NW)-II: ROHINI
St. Vs. Sunil Garg, FIR No. 98/06, PS Paschim Vihar Page No. 40