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The scientific expert examined in the instant case is P.W.15 who proved in the report that the stamp papers were forged (Exhibit-70). Exhibit-95 and 95/1, are the reports prepared by the scientific expert relating to FICNs, which were proved on production under section 292 Cr.P.C.

Ashoke Singha Roy (P.W.17) was posted as Circle Inspector at Barasat on 15.2.2002. On that date he was informed by S.I. Sankar Chowdhury (P.W.22), Officer-in-Charge, Baguihati Investigation Centre, that one Bappa Mallick of Village-Gouranganagar had come to Janasangha Club for some work when one Gour Haldar informed him that one Sushil Haldar had handed him a hundred- rupee note for the purchase of goods amounting to ten rupees at his grocery shop. On suspicion that the note was fake, Gour and the local people rounded up Sushil Haldar and informed Baguihati I.C. over phone. Sankar Chowdhury (P.W.22) recorded such information in the general diary and went to the place of occurrence. Sushil Haldar confessed before him that he was given twenty FICNs by Bapi @ Akhtar Ali Sarkar and he had used fourteen of such notes and the remaining FICNs were in his possession. Accordingly, P.W.22 seized the said notes from the possession of Sushil Haldar and informed the witnesses about the incident. He directed P.W.22 to inform Jayanta Ghosh (P.W.21), O.C., Rajarhat P.S. to go to the spot and he himself also left for Hatiara Mitra Para to supervise the case. P.W.22 informed him that the written complaint submitted by public with regard to recovery of FICNs from Sushil Haldar was forwarded to Rajarhat P.S. for registering a criminal case. When he reached Hatiara Mitra Para he found that P.W.22 and P.W.21 and other officers were already present there. They surrounded the jewellery shop named and styled as 'Bapi Jewellery' and the person who was inside the shop disclosed his name and identity as Bapi @ Akhtar Ali Sarkar. On interrogation Bapi admitted that he had been given FICNs by Md. Ishaq Ali Biswas and at that time he had some FICNs with him. Upon search eight numbers of FICNs of Rs.500/- denomination and ten numbers of FICNs of Rs.100/- denomination were recovered. Bapi also confessed that he had given twenty FICNs of Rs.100/- denomination to be sold in the market as genuine notes. He also confessed that one Swapan Bhattacharjee also dealt in FICNs. Under the supervision of P.W. 17, P.W.22 prepared a seizure list and seized the said FICNs. He put his signature on the seizure list (Exhibit-4/2). Bapi, was arrested and he led the raiding party to conduct further searches at Manikpur Sapui Para in the residence of Md. Ishaq Ali Biswas. Sabir Ali and two other accused persons were arrested along with Md. Ishaq Ali Biswas. Huge quantity of FICNs, forged non- judicial stamps, forged stamps, forged share transfer papers etc. were recovered from the possession of Md. Ishaq Ali Biswas. An automatic 6 chambered weapon loaded with .38 live cartridges was also recovered from him. From the other three accused persons a large number of FICNs were recovered and seized. P.W.21 prepared the seizure list of all the items seized from the possession of the accused mentioned above. He put his signature on the seizure list. Md. Ishaq Ali Biswas then revealed that one Prabir Naskar of Hatiara, Sahid Mia of Park Street and one Tapan Karmakar of Village-Ashura, P.S.-Bagda, were the main kingpins operating in FICNs, forged stamp papers, forged non-judicial papers etc. Md. Ishaq Ali Biswas led them to the residence of Prabir Naskar at Hatiara. It was a two storeyed 'pucca' building. Prabir Naskar managed to escape from the rear of his house. Huge number of FICNs of different denominations, forged stamp papers, forged non-judicial stamps, forged share transfer papers, one mobile set and two sets of powerful walkie-talkie were retrieved and seized. Seizure list was prepared by P.W.21, and P.W.17 signed on the seizure list (Exhibit-8/3). Incriminating articles were also recovered from a bag kept in the back side seat of a Maruti Zen car of Prabir Naskar, namely, a large quantity of FICNs of different denominations, forged stamp papers, forged non-judicial papers, forged share transfer papers etc. Similar recoveries were also made from another Maruti Omni vehicle, which was parked at the residential complex of the accused Prabir Naskar. As per his instruction, P.W.21 seized those articles under a seizure list in the presence of the other witnesses. He put his signature on the seizure list (Exhibit-9/3). Pursuant to the statement of the accused persons, the house of Swapan Bhattacharjee was raided and further recoveries of FICNs were made from his house. Under his order P.W.22 prepared a seizure list and he signed on the same and Swapan Bhattacharjee was arrested. All the accused persons along with the seized articles were taken to the Rajarhat P.S. under his supervision. As per his dictation P.W.22 wrote written complaint, which was treated as F.I.R. (Exhibit-73). He identified the FICNs as well as his signature on the FICNs. He also identified the accused persons. He identified his signature on the fake non-judicial stamp papers, foreign bill stamps, etc. He identified his signature on the envelopes. In cross-examination, he stated that it has been mentioned in the F.I.R. that the seized articles were sealed and labels were pasted on the articles after seizure. He did not collect the document from the Municipality in respect of ownership of the house where the seizure had been effected. There was no seal of the police station on the labels pasted on the envelopes as well as on the seized documents. He stated that he was not present when the incident occurred first. In the F.I.R. he did not mention that Sushil Haldar was brought to Hatiara Mitra para by Sankar Chowdhury and a separate case was already there. In the seizure list prepared by him he did not mention any G.D. Entry number on the seizure list but Rajarhat P.S. case number was mentioned. It is true that Rajarhat P.S. Case No.194 dated 15.6.2002 had not started when he prepared seizure list.

Analysis of the aforesaid evidence on record, particularly that of P.W.17, P.W.21 and P.W.22 would establish that on the disclosure statement made by one Sushil Haldar, raids were held in the jewellery shop of Bapi @ Akhtar Ali Sarkar, houses of Md. Ishaq @ Iccha, and Prabir Naskar wherefrom a large quantity of FICNs, forged stamp papers, etc. were recovered as well as from their persons and/or vehicles owned by the appellants.

It has been argued that there is nothing to establish a conspiracy between the appellants. I am unable to accept such contention. Evidence of the prosecution witnesses show that pursuant to the seizure at the jewellery shop of Bapi @ Akhtar Ali Sarkar resulting in recovery of FICNs from the said shop. Bapi disclosed to the members of the raiding party that he had received FICNs from Md. Ishaq @ Iccha. Thereafter, Bapi @ Akhtar Ali Sarkar led the raiding party to the house of Md. Ishaq @ Iccha and a large quantity of FICNs, forged non-judicial stamp papers and other stamp papers were recovered from Md. Ishaq @ Iccha and his associates, namely, Sabir Ali Biswas, Abdul Salam and Reajur Mondal. Md. Ishaq @ Iccha disclosed that Prabir Naskar and another were the kingpins of the fake currency notes and stamp paper racket and pursuant to such disclosure, he took the members of the raiding party to the house of Prabir Naskar. The said accused was absent at the time of raid, however, in the presence of the family members, namely, Niranjan Kumar Naskar (P.W.4) and Puspen Naskar (P.W. 5), another huge cache of FICNs, forged stamp papers etc. were recovered from his premises including two vehicles which were kept within the precincts of his premises. Evidence revealed that the said vehicles were in the control and custody of the said accused Prabir Naskar. The evidence on record establish beyond doubt that the chain of seizures from the shop of Bapi @ Akhtar Ali Sarkar, the premises of Md. Ishaq @ Iccha and his associates, and the vehicles owned by Prabir Naskar were made by the raiding party pursuant to the disclosure statements made by the accused persons and the said raiding party was led to the said places of recovery by the accused persons.

Conspiracy is ordinarily hatched behind closed doors. Direct evidence of meeting of minds to commit an offence is rarely, if not at all, available. It is the conduct of the conspirators and other attending facts and circumstances of a case which give rise to an irresistible inference of prior consort amongst accused persons laying the foundation of the charge of conspiracy. In the present case, the prosecution evidence unerringly indicates that the accused persons were fully aware of the role played by their co-accused persons in the matter of possession of FICNs and forged stamp papers. It is not a case where the accused persons were severally possessing FICNs or forged stamp papers ignorant of the role of the other. There was commonality of knowledge as to their possession of such incriminating articles. Not only that, the nearness of the situs of possession of incriminating articles and the fact, that the serial numbers of the FICNs seized from most of them were similar to one another establish beyond reasonable doubt that their respective possession of FICNs and forged stamp papers were a product of abetment and conspiracy amongst each other.

With regard to the breach of live link, it has been argued that there is no explanation as to why the seized alamats were kept by S.I. of police, C.I.D. West Bengal, Ashoke Kumar Mondal (P.W.19), in his personal almirah and not in the malkhana. Inspector, CBI, EOU-IV, Shri Raj Kumar Saha (P.W.23) admitted that he opened the envelopes containing the FICNs and stamp papers and collected samples therefrom by preparing an observation memo without the consent of the learned Magistrate. These pieces of evidence militate against the sanctity of preservation of the seized articles and rendered them vulnerable to substitution affecting the credibility of the prosecution case. Evidence of P.W.20, the I.O. attached to Rajarhat P.S., shows that he took custody of the seized articles and kept it in the malkhana. Thereafter, the articles were handed over to P.W.19, I.O. attached to CID who had kept the seized articles in his personal custody as CID did not have a personal malkhana. P.W.19 with permission of the Magistrate sent the articles for FSL examination in Kolkata but the said authority returned the articles suggesting that the articles be sent to Nashik for examination. Subsequently, upon the order of the Apex Court investigation was taken over by CBI and the seized articles were handed over to I.O. Raj Kumar Saha (P.W.23). P.W.23, in the presence of P.W.7 and P.W.16 had opened some of the envelopes containing forged stamp papers and had collected samples therefrom. Thereafter, he sent the samples of forged stamp papers to Nashik for examination. P.W.15, the scientific officer, proved the examination report (Exhibit-70) wherefrom it appears that most of the stamp papers were fake. It is true that P.W.23 had not sought permission of the learned Magistrate to take samples of the seized articles, however, it must be seen that such irregular procedure adopted by P.W.23 has not snapped the live link in the instant case affecting the prosecution case.