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(i) On 12.01.2010, one Chandan Kumar Goswami lodged an FIR before the Officer In-charge of Jalukbari Police Station inter alia alleging that when he went to IDBI Bank ATM at Maligaon Chariali and withdrew cash amount of Rs. 2,500/-(two thousand five hundred only) from the said ATM, he received total 25 numbers of 100 rupees denomination currency notes from the ATM machine and out of which, he suspected one 100 rupees note to be fake. Accordingly, he informed the same to the security guard who was on duty in the said ATM at the relevant point of time and asked the Page No.# 3/9 security guard whether any contact number of the bank or complaint book was available. However, when the guard replied in negative, having no alternative, he displayed the said 100 rupee note and the receipt in front of the camera fixed at the ATM machine. Accordingly, the informant lodged an FIR for investigation.

11. Another person, namely, Nirmal Doley, an Assistant Manager of IDBI Bank, was examined and his statement was recorded under Section 161 CrPC by the Investigating Officer. He stated before the Investigating Officer that 'Brinks Arya', on behalf of Euronet, brought cash from the IDBI bank for loading the same into the ATM machine at Maligaon Chariali on 9th, January, 2010 and that the accused/petitioner, namely, Munindra Haloi collected the cash on behalf of said Brinks Arya.

12. The statement of Lakhi Barman, a security guard of IDBI Bank ATM was also recorded by the Investigating Officer and the said witness stated before the police that the informant withdrew some cash from the said ATM machine and the informant told him that there was one duplicate 100 rupee note and asked him telephone number of bank Manager to which he replied that he did not know.

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17. Prima facie, it appears that such cash was collected from the IDBI Bank by the accused/petitioner Munindra Haloi, who is a representative of 'Brinks Arya'. The 'Brinks Arya' is entrusted with the responsibility of transporting and replenishing ATM machine on behalf of the entity called Euronet, which is having a contract with the IDBI Bank.

18. It also prima facie seen that the petitioner, Syed Hifzur Rahman was the Branch Manager of IDBI Bank, Panbazar Branch at the relevant point of time, who had handed over the cash to accused/petitioner Munindra Haloi for replenishing the same in the IDBI ATM machine at Maligaon Chariali.

28. From the material available on record, it cannot also be said that the petitioners herein are involved in trafficking of counterfeit note. The Hon'ble Apex Court in the case of K.Hashim Vs. Tamil Nadu reported in (2005) 1 SCC 237 held that the object of the legislature in enacting Section 489B IPC is to stop circulation of forged notes and to punish who knowing or having reason to believe the same to be forged involved themselves in such an act which could lead to their circulation. In Black's Law Dictionary 12 th edition defines the word 'traffic' to be a commerce, trade, sale or exchange of such things and passing or exchange of goods or commodities from one person to another or transportation on a route etc. However, the materials collected by the investigating authority do not prima facie disclose any such material to suggest any traffic of such counterfeit note knowing or having reason to believe the same is forged one inasmuch as one of the accused is a Branch Manager of the said Bank and the other accused is an authorized person whose duty is to take the money Page No.# 9/9 from the Bank and deposit the same in the ATM machine. There is no material to even remotely suggest that the single counterfeit note was part of the consignment which was delivered by the Branch Manager to the authorized person who transported the same to the ATM machine.