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Showing contexts for: counterfeit currency notes in Anikul @ Anikul Islam & Anr vs The State Of West Bengal on 10 November, 2025Matching Fragments
In Shabbir Sheikh & Ors. v. State of MP reported in ILR (2018) M.P 1712 (DB):
"16. After dealing with this whether the appellants had possessed the necessary mens rea, the second aspect is whether recovery of large number of counterfeit Currency notes are sufficient to establish that their possession amounts to an offence punishable under Section 489-B IPC. This section prohibits use of or trafficking with the counterfeit currency notes. Since the appellants had preferred to plead total denial, they had not cared to explain as to why such currency notes were in their possession though according to provisions contained in Section 106 of the Evidence Act the burden was on them to explain it. Their failure to do so raises an adverse inference against them and for such inference we conclude that their possession was not mere conscious possession, they meant either to use the counterfeit currency notes or transport them. In the case of Rayab Jusab Sama Vs. State of Gujarat [1999 Cri. L. J. 942] the Division Bench of Gujarat High Court has held the possession of large number of fake currency notes to be a case of active transportation of such notes. The observation made by the Division Bench in that case also substantiates the view formed by us. Para-10 of the report reads as under:
"10. The learned counsel for the appellant contended that the prosecution had failed to prove the offence under S. 489-B of the Indian Penal Code even if it is held that the offence of possession the fake currency notes under S.489-C is proved. This submission is wholly erroneous because the evidence clearly establishes that the appellant was found carrying 250 fake currency notes on a public road in the city of Bhuj concealed in a Thela beneath cloth pieces as alleged in the charge. He was, therefore, transporting the said currency notes at the time when he was apprehended with them. Therefore, this is not a case of mere dormant possession, but, it is a case of active transportation of the currency notes, which would fall within the expression 'traffics in such currency notes.' Section 489-B of the Indian Penal Code clearly contemplates the cases where the counterfeit currency notes are received from any other person as also the cases where a person traffics in such currency notes knowing or having reason to believe the same to be forged or counterfeit. In our opinion, these ingredients of the offence under S.489-B are clearly established against the appellant. He was not only carrying 250 counterfeit currency notes on 9.4.1996 but he had concealed 101 other such counterfeit currency notes which he later discovered before the Panchas on 12.4.1996. It is, therefore, clearly established that the appellant was trafficking in these counterfeit currency notes which he had received from some source. The appellant is, therefore, rightly held guilty of the offences under Ss. 489-B and 489-C of the Indian Penal Code by the trial Court and we are in complete agreement with the reasoning adopted by the trial Court for reaching its conclusions on this count. We are not concerned in this appeal, as noted above, with the offences under the Passport Act for which the accused was acquitted."
10. The learned Counsel for the appellant contended that the prosecution had failed to prove the offence under Section 489-B of the Penal Code, 1860, even if it is held that the offence of possession of the fake currency notes under Section 489-C is proved. This submission is wholly erroneous because the evidence clearly establishes that the appellant was found carrying 250 fake currency notes on a public road in the city of Bhuj concealed in a Thela beneath cloth pieces as alleged in the charge. He was, therefore, transporting the said currency notes at the time when he was apprehended with them. Therefore, this is not a case of mere dormant possession, but, it is a case of active transportation of the currency notes, which would fall within the expression 'traffics in such currency notes'. Section 489-B of the Penal Code, 1860 clearly contemplates the cases where the counterfeit currency-notes are received from any other person as also the cases where a person traffics in such currency notes knowing or having reason to believe the same to be forged or counterfeit. In our opinion, these ingredients of the offence under Section 489-B are clearly established against the appellant. He was not only carrying 250 counterfeit currency notes on 9-4-1996 but he had concealed 101 other such counterfeit currency notes which he later discovered before the Panchas on 12-4-1996. It is, therefore, clearly established that the appellant was trafficking in these counterfeit currency notes which he had received from some source. The appellant is, therefore, rightly held guilty of the offences under Section 489-B and 489-C of the Penal Code, 1860 by the Trial Court and we are in complete agreement with the reasoning adopted by the Trial Court for reaching its conclusions on this count. We are not concerned in this appeal, as noted above, with the offence under the Passport Act for which the accused was acquitted. It was finally submitted by the learned Counsel appearing for the appellant that the appellant is having three daughters and he was poor person and, therefore, the sentence of 10 years' rigorous imprisonment was a harsh one. The offences of counterfeiting currency notes for using them as genuine, trafficking in them and possessing them are offences of grave nature and cannot be lightly viewed. Such offences vitiate the economy of the country and are a matter of serious concern. They are rarely detected and all that is ultimately proved is perhaps the tip of an iceberg. The offence under Section 489-B prescribes imprisonment for life as the maximum punishment which itself shows the seriousness with which the Legislature has viewed the offence. Having regard to the facts and circumstances of the case, we do not find that the sentence that is imposed is disproportionately severe as submitting by the learned Counsel. We find it to be a sentence which has been properly imposed and which is the minimum which should be imposed in this case. The appeal is, therefore, dismissed."
In Sou. Bharti v. State of Maharashtra reported in 2002 SCC OnLine Bom 1373:
"2. The prosecution case in brief is that on 14-11-1998 accused/appellant No. 1-Bharti had gone to Sakkardara Market for shopping and in the process of shopping at different places, she purchased certain articles and gave counterfeit currency notes of the denomination of Rs. 500 as also Rs. 50. It appears that appellant No. 1-Bharti was detained in the market by the public and it was being said that appellant No. 1 -Bharti was possessing fake currency notes. In the meantime, police had been informed and the police party headed by PSI Sapkale arrived there. In the presence of panchas, the search of the appellant No. 1-Bharti was conducted and on her search, counterfeit currency notes of Rs. 500 denomination and two counterfeit currency notes of Rs. 50 denomination were recovered. Appellant No. 1-Bharti then took the police to Raghute Bhavan, Dighori, Nagpur where she was staying along with the other co- accused. Appellant No. 2 is stated to be the second wife of appellant No. 3, first wife being the appellant No. 1. During his search, 21 onesided printed notes of Rs. 50 denomination, 8 one sided printed notes of Rs. 500 denomination and 4 notes of Rs. 100 denomination, blank papers for printing notes one colour computerised xerox machine; printing kit etc. were recovered. Appellant No. 2 was present in the house during the said search. Appellant No. 3 had absconded and he was arrested only on 24-3-1999 in some other offence and was arrested in connection with the case under consideration on 27-3-1999. At his instance, 48 fake currency notes of Rs. 500 denomination were recovered from his house after opening the lock of a cupboard and from under an idol kept there for worship.