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1. The facts as revealed from the investigation is that on 16.09.2006, at about 07:15 PM near Timber Depot Govt. of M.P., Chunna Bhatti, Kirti Nagar, the accused Radhey Shyam was found trafficking and in possession of counterfeited currency notes, hence committed the offence of having fake currency. Subsequently chargesheet was filed against the accused for the charge u/s 489B, 489C & 489D IPC. The co-accused Virender Singh was also charged for trafficking and possession of 8 counterfeit currency notes of the denomination of Rs.50/- and charged for the offence u/s 489B and 489C IPC.

It is further contended that PW-4 in his statement dt. 27.07.2007 stated that Printer, Hand Pressure Machine, 3-4 Plastic Rolls, one roll of silver colour ink were seized. PW-5 Ct. Manoj Kumar, PW-6 HC Sheesh Ram have given different version with respect to the seized articles. PW-7 SI Rajesh categorically stated that Senior officers were not informed. PW-8 admitted in the cross examination that he neither seized the vital part of evidence i.e. CPU nor he took the expert opinion in respect of the working of the Printer. The facts is that the accused Radhey Shyam has been arrested on the basis of the statement made by a professional police informer. The deposition of PWs are contradictory with respect to the possession of the recovered articles. The fact is that the prosecution has not proved that the accused was involved in any part of the process of making forged or counterfeit currency notes clearly absolves the accused Radhey Shyam from any culpability u/s 489B, 489C & 489D IPC. The accused Radhey Shyam is liable to be acquitted.

2. In the present case PW-1 Mohit Narang in his examination in chief has stated that 29 fake currency notes of Rs.50/- and 34 fake currency notes of Rs.20 were recovered from accused Radhey Shyam and 8 sheets having printing of Rs.50/- with three series were recovered from the accused Virender. In cross examination he admitted that the description of the notes was not mentioned in Ex.PW1/D. IO seized the CPU and printer and he signed the recovery documents but there is no suggestions in the cross examination of accused Radhey Shyam that no recovery of alleged currency notes from the possession of accused Radhey Shyam. In the cross examination of accused Virender PW-1 Mohit Narang has stated that he has no idea if any recovery was effected from the possession of accused Virender. PW-4 Ct. Kailash Chand has also stated that the fake currency notes were recovered from the possession of accused Radhey Shyam apart from that other equipments i.e. computer and printer etc. It is also further corroborated in the cross examination for the accused Radhey Shyam, it is denied that the currency notes were planted as case property on the accused. Similarly in the cross examination it is stated that sheets having 'double prints' produced in the court is a 'single print'. Ld. counsel for the accused has taken the defence that the accused Radhey Shyam was running a tea shop and Ct. Parhlad did not make the payment of the snacks as such accused Radhey Shyam made request for payment which resulted in making a false case against the accused persons. The defence taken by the counsel for the accused Radhey Shyam has also been explained in the statement of accused u/s 313 Cr.P.C. But there is no iota of evidence to prove this contention either to produce Ct. Parhlad or employee of the accused Radhey Shyam or father and brother of the accused Radhey Shyam or any lady as stated in the statement u/s 313 Cr.P.C. In absence of any oral or documentary evidence on behalf of accused Radhey Shyam, the defence taken by him seems to be weaker in comparison to the prosecution case. The recovery seized fake currency notes report Ex.PW8/C also received from the Nasik Press which is also reflected that the currency notes as seized and examined are not genuine. The question for preparing of the forge currency notes through the computer that the help of CPU is to be attracted to the ingredients of section 489B & 489D. As per the judgment as cited 1989 All. APP case 229 (334) wherein it has been held that "Accused was found in possession of forged currency notes and though he did not sell or commit any other act constituting an offence, his possession of such large number of counterfeit currency notes at the time of his arrest gives rise to reasonable inference that the accused intended to use the counterfeit notes as genuine and committed an offence punishable u/s 489 C IPC.