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The yellow polythene in right hand of accused Irfan had 130 counterfeit currency notes of denomination of Rs 1,000/­ each; having only one number 3BN896112 printed on them; 100 counterfeit currency notes of Rs 500/­ denomination each on which there was no. 4GV354671 printed; 140 counterfeit currency notes of denomination of Rs 500/­ each on which no. 4GV354670 was printed; 10 counterfeit currency notes of Rs 100/­ each on which no. STU­230228 was printed. On checking of the said notes, on the left side, the impression of Gandhiji could not be seen and colour of the notes did not appear normal and on enquiry accused Irfan could not give any satisfactory reply. Knowing fully well, accused Irfan kept in possession the counterfeit currency notes of Rs 2,51,000/­. Aforesaid counterfeit currency notes were kept in the said yellow polythene, parcel was prepared and sealed. Tehrir Ex PW1/C was prepared by ASI Nizamuddin (PW1) who sent Ct. Krishan Kumar (PW3) with tehrir to police station for getting FIR registered. Ct Krishan Kumar (PW3) gave tehrir to duty officer HC Jawahar Singh (PW4) who recorded FIR No. 354/08, under Section 489 C of IPC.

10. Ld. Addl. PP for the State argued that testimonies of the material witnesses of recovery are consistent with regard of the amount of counterfeit currency notes recovered from the arrayed accused and the places from where recovery was effected; such recovered notes were of similar series and on record is the opinion of Sh M.P Bain, Assistant Works Manager, Currency Note Press, Nasik of such notes on examination were found to be counterfeit. Ld. Addl. PP for the State further argued that the accused persons were in the possession of counterfeit currency notes which they knowingly had retained with intention to use the same as genuine. Ld. Addl. PP for the State also argued that accused Rajesh Arora @ Bittoo had handed over the counterfeit currency notes to accused Irfan knowingly for selling or trafficking and and from said accused Rajesh Arora @ Bittoo even the raw material papers, paper cutter, articles, CPU and instrument etc. for use of printing of forged currency notes were recovered which he knowingly retained with intention to use them for forging and counterfeiting the currency State Vs. Irfan & Other notes. Ld. Addl. PP for the State has prayed for conviction of the accused persons.

18. Ct Krishan Kumar (PW3) stated that the 130 currency State Vs. Irfan & Other notes of denomination of Rs 1000/­, Ex P1/1 to Ex P1/130 were recovered from accused Irfan but could not say which 240 notes out of 453 currency notes of denomination of Rs 500/­, Ex P2/1 to Ex P2/453 and which ten currency notes of denomination of Rs 100/­ out of Ex P3/1 to Ex P3/66 were so allegedly recovered from accused Irfan. Sh M.P Bain (PW9) did not speak of receipt of the counterfeit currency notes for examination in any yellow polythene. SI (then ASI) Nizamuddin (PW1) and Ct Yasin Khan (PW10) speak of recovery of bag and not polythene from accused Irfan containing counterfeit currency notes. Ct Yasin Khan (PW10) stated it to be yellow coloured bag which was containing the counterfeit currency notes. Ct Krishan Kumar (PW3) stated that in the same polythene the currency notes recovered were kept. No such yellow polythene has been produced by the prosecution in court during entire prosecution evidence.

27. Seizure memo Ex PW1/9 finds mention of the fact of the alleged recovery of counterfeit currency notes, totaling Rs 1,12,100/­ from underneath the sofa seat lying in the house of accused Rajesh Arora @ Bittoo. In his examination­in­chief, HC Naim Ahmed (PW7) testified that the counterfeit currency notes were recovered from the pillow on the bed in the house of accused Rajesh Arora @ Bittoo. On being cross examined by Ld. Addl. PP for the State, HC Naim Ahmed (PW7) categorically denied of entire recovery of the counterfeit currency notes from under the seat of sofa at house of accused Rajesh Arora @ Bittoo but volunteered to say that some notes were recovered from the pillow and some under the seat of sofa but HC Naim Ahmed (PW7) could not elicit which currency notes and how many counterfeit currency notes were so recovered. SI State Vs. Irfan & Other (then ASI) Nizamuddin (PW1) simplicitor testified that recovery of the counterfeit currency notes was effected from house of accused Rajesh Arora @ Bittoo on search of the room. PW1 did not specify nor elaborated such place (s) of such recovery.