India by
way of production or smuggling or circulation of high quality
counterfeit Indian paper currency, coin or of any other
material; or
(iv) damage ... Gazette by the Central Government as public functionary;
(b) "high quality counterfeit Indian currency" means
the counterfeit currency as may be declared after
criminal conspiracy during the period between
December, 1977 and August 1979 to counterfeit the Indian
Currency Notes of denomination 2 and to transact with that ... counterfeit currency notes using them as genuine and in pursuance
of the conspiracy and in furtherance of the common intention,
Accused No.9 manufactured
1847 & 2427 of 2008
:-2-:
keeping 11,14 and 1 counterfeit currency notes of Rs.500/-
denomination respectively in their possession in Room ... information that three
persons with counterfeit notes of Rs.500/- denomination are
staying in Room No.303 in the third floor of Coronation Lodge
relevant provisions are extracted hereunder:
"489B. Using as genuine, forged or counterfeit currency-notes or bank-notes.-Whoever sells to, or buys or receives ... person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe
informed the police. The police went to the spot.
30 numbers of counterfeit currency notes were seized from Ubaise.
He was arrested. He was also ... questioned. He stated that
B.A. NO. 5749 OF 2009
:: 2 ::
counterfeit currency notes were kept at his residence at
Thaliparamba. Based on the confession
accused was found in possession of 107 counterfeit currency
notes of denomination of 10 in his house, No.AP 4/54 of
Ambalavayal grama panchayat ... Inspector of Police,
Mananthavady. He was arrested and the counterfeit notes
were seized, thereafter registered a case against the
accused. The investigation was subsequently entrusted
learned Sessions Judge as P.W.3) took a few of the counterfeit
currency notes involved in the case to a Co-operative Bank ... checked its genuineness. It was revealed that the currency notes
are counterfeit. On 11.2.2002 P.W.2 asked petitioner whether
accused
persons, with the common intention to carry out
the transactions, possessed counterfeit currency
notes of denomination of rupees 100. The CBCID,
after completing ... that, even if it is
assumed for argument's sake that counterfeit
currency notes were seized from the possession
of the accused persons, that
allegation
that the accused entered into a criminal conspiracy to counterfeit the
currency notes and in pursuance of the said conspiracy ... furtherance of their common intention, counterfeited the currency
notes and were found in possession of counterfeit currency notes
and instruments for the purpose of making
accused 1 and 2 respectively kept in their
possession 28 and 20 counterfeit currency notes of
denomination of Rs.100/- in Room ... Tourist
Home, Peinthalmanna knowing them to be counterfeit
and with the intention to use the notes as genuine.
3. The prosecution case is that
