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Showing contexts for: counterfeit notes in Dipakbhai Jagdishchndra Patel vs The State Of Gujarat on 24 April, 2019Matching Fragments
Still further, he sought some support from the judgment of the learned Single Judge of the Punjab and Haryana High Court, viz., Justice 2(1930) ILR 11 Lah 555 [Criminal Revision No. 1527 of 1929] M.M. Punchhi (as His Lordship then was), in Bachan Singh v. State of Punjab3. The Court held as follows:
“10. In order to sustain the convictions of Joginder Kaur appellant, the prosecution has not only to prove that she had the possession of counterfeit note, Exhibit P. 1, ensuring it or having reason to believe it as such, but further to prove circumstances which lead clearly, indubitably and irresistibly to her intention to use the notes on the public as has been held in Bur Singh v. The Crown, (1930) ILR 11 Lah 555 : (1931) 32 Cri LJ
8. A perusal of the provisions, extracted above, shows that mens rea of offences under Sections 489-B and 489-C is “knowing or having reason to believe the currency notes or banknotes are forged or counterfeit”. Without the aforementioned mens rea selling, buying or receiving from another person or otherwise trafficking in or using as genuine forged or counterfeit currency notes or banknotes, is not enough to constitute offence under Section 489-B IPC. So also possessing or even intending to use any forged or counterfeit currency notes or banknotes is not sufficient to make out a case under Section 489-C in the absence of the mens rea, noted above. No material is brought on record by the prosecution to show that the appellant had the requisite mens rea. The High Court, however, completely missed this aspect. The learned trial Judge on the basis of the evidence of PW 2, PW 4 and PW 7 that they were able to make out that the currency note alleged to have been given to PW 4 was fake, “presumed” such a mens rea. On the date of the incident the appellant was said to be an eighteen-year-old student. On the facts of this case the presumption drawn by the trial court is not warranted under Section 4 of the Evidence Act.
1980 SCC (Cri) 170 : AIR 1979 SC 1705] ).”
9. Learned Counsel for the State drew our attention to the statement made by the appellant himself wherein the appellant has stated inter alia that he was told by the co-accused that he left a bag containing the counterfeit notes at his residence.
10. Learned Counsel for the State submits that the Court may also bear in mind that the case is only at the stage of framing of the charge. A case has not been made out for interference under Section 482 of the Cr.PC, and hence, she supported the Order of the High Court.
15. It is the case of the State that the appellant had knowledge that the notes were counterfeit and fake notes and was in conscious possession of the fake notes for 15 days. For framing charges, what is required is prima facie satisfaction. Offence relating to counterfeit notes is a grave offence and not to be viewed lightly.
16. In the statement by the first accused, he has stated that he had come to Ahmedabad 15 days earlier. At that time, he had told the appellant that the fake notes are to be sold at cheap price and at present he may keep those notes with him. He further states that he had brought these notes from the residence of the appellant and that he had been caught while he was selling the notes at cheap price.