series
are the counterfeit notes respectively recovered from accused
Nos.1 and 2. MO3 note is the counterfeit note recovered from
the book. The genuine ... Possession of forged or counterfeit
currency-notes or bank-notes.-- Whoever has
in his possession any forged or counterfeit
currency-note or bank-note, knowing
those currency notes are
counterfeit. There is no case for prosecution or evidence that
knowing the same to be counterfeit notes petitioner used the same ... knowing or having reason to believe
the currency notes or bank notes are forged or
counterfeit". Without the aforementioned
mens rea selling, buying
allegation is possession of counterfeit
currency notes or forged notes. The word
"counterfeiting" has been explained under Section 28
IPC and the main ... reasons to believe' that the currency-
note or bank-note was forged or counterfeit when he
sold, purchased, received, possessed or otherwise
involved
believe that the said
currencies were forged or counterfeit. Thus,
mere possession of counterfeit notes by itself
is not a ground to hold the accused ... counterfeit note without the knowledge or reason
to believe that the currency note or bank note
was forged or counterfeit and intending
counterfeit currency notes
and instruments for the purpose of making counterfeit notes in
building No.XXIV/463 of Chalakudy Municipality on 26.2.2000.
On the basis ... accused as per Ext.P2 arrest memo and seized the
counterfeit notes under Ext.P1 mahazar. According to PW1, since
several local people
effect that the
notes did not match with the numbering of the genuine
notes and were therefore, counterfeit. The final
report was laid thereafter ... possession of counterfeit notes
cannot be drawn on the possessor.
11. The fact that the MO1 series notes recovered
are counterfeit is proved beyond doubt
accused 3 in numbers were engaged in trafficking of
counterfeit notes and in pursuant to their common
intention, the 3rd accused handed over 34 counterfeit ... present case has produced altogether 56
notes and thus 17 notes are in excess from the number of
notes allegedly seized from the accused
prepared to exchange two such notes for one genuine note. Pw 1 then wanted them to show him specimen notes that they ... procure some counterfeit currency notes. For three such notes he was prepared to pay them one genuine note. Thus the bargain was struck by which
being satisfied that the note tendered by the first accused as
also the notes recovered from his pocket are counterfeit, the
Sub Inspector of Police ... possession, if any, of such notes by
the accused is without the knowledge that the said notes were
counterfeit.
19. In reply to the arguments
forged or counterfeit currency notes or bank notes
knowing or having reason to believe the same to be forged
counterfeit note and intending ... Further the accused have no case that the note seized is
not fake note or counterfeit note. They have also no case either
