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6. As stated Shabir Sheik and Rauf fled away after scuffle between police personnel and family members of Shabbir. On 27-01-2010 Rajendra Shah stated under section 27 of the Evidence Act on memorandum that he procured fake currency from Naresh and sold to Shabbir and Rauf. On 28-01-2010 Shabbir was arrested from Kala Peepal Railway Station and in his disclosure statement he stated that he purchased fake currency from Rajendra Shah and gave Rs.20,000/- to Rauf also. However, no discovery of fact was made pursuant to that. On 30-01-2010 on the discovery statement of Shabbir, fake currency was seized which was kept at almirah and also the fact was disclosed that Naresh stayed at Bharat Lodge. One currency note of Rs.1000/- recovered from almirah of Sheik Shabbir was seized vide Ex.P-15. The said currency note seized from Shabbir was found counterfeit in the report by the Reserve Bank of India, which is marked as Ex.P-32. On the same day Naresh was arrested from Sehore Bus Stand on identification by Shabbir. Rs.8000/- were seized from Naresh on personal search. The details were 1000x1, 100x40 and 500x4 in which RBI was not written. In the same manner in 1000x1 note, RBI was not written. As per report of RBI, this currency was also found to be counterfeit. The prosecution further produced the Visitor Register of Bharat Lodge (Articles A to C) on memorandum of Shabbir in which there was an entry in respect of stay of Naresh on 27-01-2010. The seizure of the said document was proved by two witnesses PW-7 Mohd. Jameel (Manager of Bharat Lodge and PW-10 Farook Ansari (Owner of Bharat Lodge).On 08-03-2010, Rauf who had absconded from the police custody was arrested at Railway Station, Bhopal on tip by an informer. He was accompanied by Ramnarayan. Total amount of Rs. 2050/- was seized from Rauf on personal search. The details are 1000x1, 500x1, 100x5 and 50x1. Rs.1700/- was seized from Ramnarayan on personal search. The details are 500x2, 100x5 and 50x4. The seizure was proved by seizure witnesses PW-2 Vijay Yadav and PW-3 Sunil Mishra. As per the prosecution, Rauf deposited Rs.25,000/- on 25-11-2009 in the account of Bhikari Mukhiya held at Bank in Bihar. Ramnarayan had deposited Rs.25,000/- on 12-12-2009 in the account of Kamruddin held at Bank in Bihar. The deposit slips were seized from the branch of State Bank of India, Sehore, which were also proved by PW-4 Bharat Dalas, Branch Manager of the said bank. Vide Ex.P-66 hand writing on the deposit slips were got examined by the expert who opined that hand writing in deposit slip (Q1) matched with specimen signature of Ramnarayan. The hand writing expert was examined as PW-22 Rajendra Verma and the hand writing expert report is Ex.P-66. Another deposit slip (Q4) was also matched with the specimen signature of Rauf and the hand writing expert report is Ex.P-66A proved by handing writing expert PW-22 Rajendra Verma. The prosecution has produced the report of Press note Dewas to prove the currency seized from these persons found to be counterfeit currency. The report of Press note Dewas is Ex.P-52 and the details of the counterfeit currency are 2,43,500 from Rajendra Shah (Article 9 and 10), 1650 from Rauf (Article 11), 1000 from Shabbir (Article 12), 1400 from Ramnarayan (Article 13) and 3000 from Naresh (Article 14). The report of the Press note Dewas is admissible under Section 293 of Cr.P.C.

"48.Similarly Section 489-B relates to using as genuine forged or counterfeited currency notes or bank notes. The object of Legislature in enacting this section is to stop the circulation of forged notes by punishing all persons who knowing or having reason to believe the same to be forged do any act which could lead to their circulation.

49.Section 489C deals with possession of forged or counterfeit currency notes or bank notes. It makes possession of forged and counterfeited currency notes or bank notes punishable."

39.In view of the said discovery of the fact, we are inclined to hold that the information supplied by A-2 Guruji that the dead body of Dipak was carried on the motorcycle up to the particular spot is admissible in evidence. That information, therefore, proves the prosecution case to the abovementioned extent."

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."