Indian Kanoon - Search engine for Indian Law

(Substantive sentence to run concurrently)

2. The case of the prosecution is that the appellants hatched a criminal conspiracy for using counterfeit currency notes or bank notes and possessed forged or counterfeit currency notes or banknotes.

3. The facts leading to the present appeals to the extent that they are necessary are that on 22-01-2010, Shahid Ahmed (PW-15) Inspector, Special Task Force (STF) Bhopal received secret information through an informer on telephone that near Sehore Bus-stand Booking Office, one black colour motor-cycle No.MP-04-BA/9802 was standing, by which two persons were going to Khardoun for exchanging counterfeit notes. On the basis of the said information, the said officer alongwith subordinate staff; Naresh Malivya, constable Kaleem Khan, Sunil Amolia, Ashok Yadav, Ramdarshan Dubey, Parmal Singh Bais and witnesses Asfar S/o Mohd. Yaseen and Bawi Shahwar S/o Sirin Khan alongwith investigation articles reached Sehore Bus-stand in Police vehicle Bolero Jeep No.MP-03-7318 and kept watch on the said motor-cycle. At about 12.30 hours, two persons as per the description disclosed by the informant, came from the side of shops at Bus-stand, the person having beard started the motorcycle and another person sat on the motorcycle as a pillion rider and reached village Khardoun via Mandi and Shyampur Kurawar. They were chased by the team watchfully and carefully.

"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."