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This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated April 28, 2011 and April 29, 2011 respectively passed by the Ld. Additional District and Sessions Judge, 5th Fast Track Court, Malda in Sessions Trial No. 52(9)/2010 arising out of Sessions Case No. 189/2010. By virtue of the impugned judgment appellant was convicted for commissioning of the offence punishable under Section 489B and 489C of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5000/ in default rigorous imprisonment for further one year for the offence under Section 489B IPC and was also sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2000 in default to suffer rigorous imprisonment for further six months for the offence punishable under Section 489C IPC. Both the sentences were directed to run concurrently and the period of detention already undergone to be set off as per provisions of Section 428 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C.) The prosecution case, in brief, is as follows:-

During interrogation appellant admitted that he has procured those fake currency notes from one Mahibur Rahaman and Mostofa Hossain who were the main dealers of fake Indian currency notes and running an illegal business of dealing in fake Indian currency notes through Indo-Bangladesh border under Kaliachak P.S. with intention to use those fake Indian currency notes as the genuine in Malda Town market knowing well that the notes were fake. Appellant was then arrested and brought to the P.S. P.W.1, then started English Bazar P.S. case No. 550/09 dated August 19, 2009 against the appellant under Section 489B and 489C IPC and the case was endorsed to P.W.10 for investigation who then investigated the same and thereafter it was investigated by P.W.9 who then on completion of investigation submitted charge sheet being No. 257/10 dated April 5, 2010 under Section 489B/489C IPC against the appellant.

Charge was framed on September 3, 2010 against the appellant under Section 489B/489C IPC and after the appellant denied his involvement in the crime trial commenced.

Prosecution examined 10 witnesses and also produced and proved the certain document namely written complaint, seizure list, GDEs, rough sketch map with index, opinion of the expert, label etc. Thereafter on completion of trial and after examination of the appellant under Section 313 Cr.P.C. passed the impugned judgement. Defence also examined one inspector of police of English Bazar P.S. and on behalf of the defence, arrest cum inspection memo, GDE were produced and proved.

Mr. Sekhar Basu Ld. Senior Advocate appearing for the appellant, submitted that the impugned judgment order of conviction and sentence are not sustainable as search and the seizure of counterfeit Indian currency notes from the possession of the appellant was not proved beyond doubt, none of the independent witnesses supported the case of the prosecution and the evidence of the police personnel appeared to be a parrot like evidence which render the prosecution case doubtful, contradiction with regard to the place of occurrence, doubt with regard to the identification of of the person concerned, inordinate delay in sending the seized currency notes to the expert, no explanation with regard to the whereabout of the seized bag, non production of the malkhana register, absence of signature of the witnesses and the accused on the seized articles or the label, no evidence with regard to mens rea to attract the provisions of the offence under Section 489B/ 489C IPC and improper examination of the appellant under Section 313 Cr.P.C. thereby depriving him from giving any explanations to the circumstances appearing in the evidence adduced by the prosecution.