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III - CHARGE SHEET

4. Based on the material evidence recorded and collected by the investigating officer (P.W.19) in the above crime, a final report was filed on 19.4.1985. However, the charges were framed only on 8.11.1993, the translated version of the same reads as follows:

The first accused, second accused, third accused and fourth accused were charged:

"(1) that the first accused, second accused, third accused and fourth accused, along with deceased Rajan Chettiar and approvers Ravindran and Rajendra Menon, jointly, between May and August 1982, at Villivakkam, Red Hills and Vyasarpadi, Chennai, agreed to do an illegal act, viz., to counterfeit American Dollars of 20 denomination and knowingly performed an act of processing of counterfeit and had in your possession the counterfeit currency notes, knowing the same to be a counterfeit and intending to use the same as genuine, had in your possession machinery, instruments and materials to counterfeit American Dollars of 20 denomination for the purpose of being used, knowing that it was intended to be used for counterfeiting currency note and the same was done pursuant to the agreement and thus you thereby committed an offence punishable under Section 120-B read with Sections 489-A, 489 -C and 489-D, IPC and direct you to be tried on the said charge; (2) that the first accused on 3.8.1982, in continuation of the conspiracy, at No.72, Golden Cafe Lodge, Poonamallee High Road, Chennai, had in your possession 249 counterfeit American Dollars of 20 denomination knowing the same to be counterfeit and intending to use the same as genuine and thereby committed an offence punishable under Section 489-C, IPC and within this Court's cognizance;

(iii) the evidence of corroborative witnesses, viz.

                (a)     PW7, Owner of Iyyappa Lodge, who deposed
about the stay of second accused at Room                        No.13, Iyyappa
Lodge, and the visits of A1 to                  their lodge to see A2;
                (b) PW8, an artist, who was engaged by first
accused for preparing a drawing for printing                    counterfeit
currency and guided A1                  to  approach the Printing Press, viz.,
Print                   Aid Press at Triplicane, Chennai and stated       that
A1 took the balance papers, as the Print                        Aid Press  did
not print the Counterfeit US                    Dollars properly;
                (c) PW11, from whom A1 purchased original US
Dollar from Burma Bazaar;
                (d) PW9, who deposed that A1 and PW8 approached          him
for printing samples;
                (e) PW10, who spoke about the preparation, viz.,
purchase of papers for printing the                             counterfeit
notes;

        (iv) the evidence of the experts, viz.
(a)     PW14, who deposed about the usage of inks       (MOs.23  and  24)  for
printing the counterfeit currencies as per Exs.P9 and P10;
(b)     PW16, who deposed about the report (Ex.P17)     that  counterfeit   US
Dollars could be printed        at the Vasantham Press;
        (v)     The evidence of court witness, viz.  PW15, who          spoke
about the affidavit duly certified by Deputy            Clerk,   US   District
Court on 9.2.1983 that the 2173         currencies were counterfeit notes;
        (vi)    Material Objects, viz., US Dollar (MOs.4 to     11       and
MO14 series) seized and printing blocks and             other MOs.; and

13.6. Section 489-D IPC deals with making or possessing instruments or materials for forging or counterfeiting currency or bank notes. To substantiate the offence under Section 489-D IPC, the prosecution must prove that the machinery or instrument or material in question were used for counterfeiting currency. It is sufficient that the accused made or performed some part of the process making machinery or instrument or material in question that are necessary for or in using counterfeit or the same was intended to be used for such part of the process. It may not be necessary to prove that the accused was able to command all the articles required, but, it is sufficient that he was in possession of only some of the machinery or instrument or material that may be necessary for or use in counterfeiting the currency.

"AFFIDAVIT

1. R.William Askeland, residing at Honolulu, Hawaii, United States of America, being first duly sworn, upon his oath and says as follows:

2. I am a Special Agent of the United States Secret Service, a Division of the United States Treasury Department. I have been continuously employed by the U.S. Secret Service since November, 1970. I have been engaged during that time in conducting and supervising investigations relating to the counterfeiting, forgery and alteration of obligations and securities of the United States. I have received special training in schools operated by the U.S. Secret Service relating to the manufacture of genuine currency of the United States and in methods employed by counterfeiters to forge, alter and counterfeit United States currency. I am presently assigned as a Special Agent of the Honolulu field Office, Honolulu, Hawaii, where I daily examine and evaluate counterfeit currency and prepare reports on my findings. On the basis of my training and experience, I have been accepted by the U.S. District Courts of the United States as an expert witness qualified to testify in criminal proceedings as to w hether suspect currency is genuine or counterfeit.