Indian Kanoon - Search engine for Indian Law

The prosecution case as alleged against the appellant and co-accused namely, Monirul Islam (a juvenile in conflict with law) is to the effect that on 10th October, 2013 at about 10:35 hrs. Amit Bhakat, PSI of Police, de-facto complainant in the instant case attached to Samserganj Police Station received secret information from source that two persons were coming from Baisnavnagar area with fake Indian currency notes (in short 'FICN'). They would reach Dhulian ferry ghat for delivering the same as genuine. He diarised the information vide Samserganj Police Station G.D. Entry No.491 dated 10th October, 2013 and as per the direction of Officer-in-charge, Samserganj Police Station he proceeded to the spot with other police personnel after making a diary entry being Samserganj Police Station G.D. Entry No. 492 dated 10th October, 2013. The raiding party arrived at Dhulian ferry ghat around 10:50 hrs. and kept watch. At that time the source pointed out two persons who were moving suspiciously in the said ferry ghat. Seeing the police party the persons tried to flee away but they were apprehended. In presence of local witnesses, the aforesaid persons were searched and four bundles containing 100 numbers of FICN of Rs.1,000/- in each bundle, i.e. Rs.4,00,000/- in all, were recovered from a black plastic carry packet which was carried by the appellant in a red and black handbag in his right hand. Some genuine currency notes were also recovered from his possession. From the other co-accused namely, Monirul Islam, five bundles containing 100 numbers of Rs.500/- in each bundle and one bundle containing 97 numbers of Rs.500/- each, i.e. Rs.2,98,500/- in all, wrapped in a black plastic carry packet were recovered. The currency notes suspected to be fake were seized under a seizure list which was signed by witnesses and accused persons. The currency notes were kept in ten yellow envelopes marked as Exhibits A to J respectively. On the written complaint of Amit Bhakat (PW1), Samserganj Police Station Case No. 345 of 2013 dated 10.10.2013 under Sections 489B/489C IPC was registered for investigation. In the course of investigation, currency notes were sent for forensic examination at Bharatiya Reserve Bank Note Mudran Private Limited, Shalboni, West Midnapore. After receipt of the report from the Bharatiya Reserve Bank Note Mudran Private Limited stating that the notes were fake, charge-sheet was filed against the appellant. The case being a sessions triable one was committed to the Court of Sessions and transferred to the court of the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad for trial and disposal. Charges were framed under Sections 489B/489C IPC against the appellant. The appellant pleaded not guilty and claimed to be tried. Case of co-accused namely, Monirul Islam (a juvenile in conflict with law) was referred to the Juvenile Justice Board for enquiry. In the course of trial, prosecution examined 9 witnesses and exhibited a number of documents. In conclusion of trial, the trial Judge by the impugned judgment and order dated 20th/21st April, 2015 convicted and sentenced the appellant, as aforesaid.

Mr. Sanjay Bardhan, appearing for the State submitted that the evidence of official witnesses clearly established that a large volume of FICNs was recovered from the appellant and co-accused person. Discrepancy in the evidence of PW 1 with regard to the volume of seized currency notes appears to be a slip of tongue. Number of currency notes seized has been clearly reflected in the First Information Report, seizure list which was contemporaneously prepared at the time of seizure. Signatures of the witnesses and accused persons were recorded in the FICNs seized in the case. Possibility of planting and false implication, therefore, are wholly ruled out. Independent witnesses were extensively cross-examined with regard to their previous statement before the police and, therefore, have been wholly discredited. There are ample materials to show that the appellants were carrying a huge volume of FICNs through a public place. This gives an inference to their intention to use the FICNs as genuine establishing the ingredients of offence punishable under Section 489B of the Indian Penal Code.

I have considered the rival submissions made on behalf of the parties in the light of the evidence on record. PW 1 is the leader of the raiding party. He deposed that on 10.10.2013 he was posted at Samserganj Police Station as PSI. At around 10:35 hrs on that day he received secret information that two persons from Baisnavnagar were proceeding through Dhulian ferry ghat and they were possessing FICNs. He diarised the information and as per direction of officer-in- charge of the police station and along with other police officers proceeded to the ferry ghat in their official vehicle. They arrived at the ferry ghat at about 10:55 hrs. They parked their vehicle at a distance from Dhulian ferry ghat and approached towards the ferry ghat by foot. On reaching the ferry ghat, the source identified two persons who were found wandering near the ferry ghat in a suspicious manner. Seeing the police personnel, they tried to run away. PW 1 and others apprehended the said persons. In the presence of witnesses they were searched and four bundles containing 100 numbers of FICN of Rs.1,000/- in each bundle, in total amounting to Rs.4,00,000/- were recovered from the appellant. Similarly, large volumes of FICNs were recovered from co-accused Monirul Islam. Currency notes were suspected to be fake and seized under a seizure list. PW 1 obtained signatures of the accused persons and witnesses on the seizure list as well as on the seized currency notes which were suspected to be fake. He lodged complaint (Exhibit 1). He proved the seizure list (Exhibit 2). He identified the FICNs in court (Mat. Exhibit 1 series). He also proved the general diary extract recorded at the police station.

PW 8 (Krishna Mukherjee) collected the opinion of the expert from Bharatiya Reserve Bank Note Mudran Pvt. Ltd., Shalboni. He proved the report (Exhibit 8).

PW 9 (Brojogopal Debnath) is the Investigating Officer in the instant case. He submitted charge sheet.

From the consistent evidence of the members of the raiding party i.e. PW 1 to PW 5, I have no doubt in my mind that four bundles containing 100 numbers of currency notes of Rs.1,000/- each, amounting to Rs.4,00,000/-, suspected to be fake, were recovered from a black plastic carry packet carried by the appellant in a red and black carry bag. No doubt there are some discrepancies between the evidence of PW 1 in court and the FIR with regard to the number of FICNs recovered from co-accused Monirul Islam. However, in view of the entries made in the seizure list (Exhibit 2) and the number of FICNs produced in court (Material Exhibit 1 series), I am of the opinion that such discrepancy in the evidence of PW 1 with regard to the number of FICNs seized from Monirul Islam was an inadvertent mistake and does not affect the truthfulness of his version relating to seizure of FICNs from the accused persons. It has been strenuously argued that the evidence of official witnesses ought not to be believed as the independent witnesses i.e. P.Ws. 6 and 7 have not supported the prosecution case. It is trite law that the evidence of hostile witnesses are to be examined in the backdrop of other evidence on record. Although P.Ws. 6 and 7 claimed that they had signed the seizure list and the seized currency notes in the police station, they were wholly discredited by being confronted with their previous statements to the police which portrayed a completely different picture. In view of prevaricating stance of the said witnesses, I am of the opinion that they had been won over during trial and had resiled from their earlier statements recorded during investigation.