Turakka Nagaraju @ Turaka ... vs The State Of West Bengal
2023 Latest Caselaw 1170 Cal

ML. Sl. No.136




                 IN THE HIGH COURT AT CALCUTTA
                  CRIMINAL APPELLATE JURISDICTION
                          APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
                  And
The Hon'ble Justice Ajay Kumar Gupta


                            C.R.A. 144 of 2016

                    Turakka Nagaraju @ Turaka Nagaraju
                                  -Vs-
                         The State of West Bengal


For the Appellant       :     Mr. Dipanjan Chatterjee, Adv.
                              Mr. Avinaba Patra, Adv.
                              Mr. Dipayan Kundu, Adv.


For the State           :     Ms. Sreyashee Biswas, Adv.


Heard on                :     13.02.2023

Judgment on             :     13.02.2023


Joymalya Bagchi, J. :-

1.

Appeal is directed against judgment and order dated 22.12.2015

passed by learned Additional District & Sessions Judge, 5th Court,

Malda in Sessions Trial No.25 of 2015 arising out Sessions Case

No. 137 of 2015 convicting the appellant for commission of offence

punishable under Sections 489B/489C of the Indian Penal Code

and sentencing him to suffer rigorous imprisonment for ten years

and to pay a fine of Rs.10,000/-, in default, to suffer rigorous

imprisonment for one year more for the offence punishable under

Section 489B of the Indian Penal Code and to suffer rigorous

imprisonment for seven years and to pay a fine of Rs.10,000/-, in

default, to suffer rigorous imprisonment for one year more for the

offence punishable under Section 489C of the Indian Penal Code;

both the sentences to run concurrently.

2. Gist of the prosecution case is to the effect that on receipt of

telephonic information that a deal in fake Indian currency notes

(FICNs) would take place at Alinagar Fatepur area, a G.D. being

Kaliachak Police Station G.D. Entry No.1371 was recorded.

Pursuant thereto, police personnel under the leadership of ASI Ram

Chandra Saha (PW5) went to work out the information. They

reached Alinagar Fatepur around 19:55 hrs. The source pointed out

to the appellant who was waiting to board a public transport.

Thereafter, the appellant was searched.

3. In course of search, 240 pieces of FICNs valued at Rs.1,20,000/- in

all were recovered. Appellant was arrested. A written complaint was

lodged by PW5 resulting in registration of Kaliachak Police Station

Case No.699 of 2014 dated 29.09.2014 under Sections 489B/489C

of the Indian Penal Code. Initially, charge-sheet was filed.

Subsequently, upon receipt of report from the expert that the

currency notes were fake, supplementary charge-sheet was filed.

Charges were framed under Sections 489B/489C of the Indian

Penal Code. Appellant pleaded not guilty and claimed to be tried.

4. In course of trial, prosecution examined 10 witnesses. Defence of

the appellant was one of innocence and false implication. He took a

desperate plea that he was a source attached to Interpol, Chennai

and has been falsely implicated.

5. In conclusion of trial, learned trial Judge by the impugned

judgment and order dated 22.12.2015 convicted and sentenced the

appellant, as aforesaid.

6. Mr. Dipanjan Chatterjee, learned Advocate for the appellant

assailed the conviction on the following grounds :- (a) recovery of

the FICNs. has not been proved & (b) there is no evidence that the

appellant used the currency notes.

7. Ms. Sreyashee Biswas, learned Advocate for the State submits that

evidence of the official witnesses is corroborated by independent

witnesses to recovery i.e. PW 7. Report of the expert (Ext.7) shows

that the seized notes are fake. Hence, the prosecution case has

been proved beyond doubt.

8. PW5 (ASI Ram Chandra Saha) is the leader of the raiding party. He

deposed on receiving telephonic information he along with others

came to the spot. Appellant was apprehended. On search, 240

pieces of currency notes of Rs.500/- each, suspected to be fake,

were recovered. He proved the seizure list (Ext.1). He also identified

the seized currency notes in Court. Appellant was arrested. PW 5

lodged written complaint at the police station.

9. His deposition is corroborated by PW1 (Ankan Singha Ray), PW2

(Hasibur Sk.), PW3 (Amjad Ali) & PW4 (Bikash Mahanta), who were

members of the raiding party.

10. PW7 (Galam Rabbani) is an independent witness to the recovery of

currency notes suspected to be fake. He proved his signature on the

seizure list.

11. PW6 (ASI Manoranjan Murari) proved the G.D. Entry No.1371 dated

29.09.2014 with regard to the prior information giving rise to the

raid.

12. PW9 (Abhisek Talukdar) is the police officer who received the

written complaint. He proved the formal FIR.

13. PW10 (Shankar Sarkar) is the Investigating Officer. He received the

seized notes and sent them for examination at Salboni. Initially,

charge-sheet was filed. On receiving report from Salboni,

supplementary charge-sheet was filed.

14. PW8 (Ashok Kumar Roy) brought the report from Salboni.

15. Evidence of the police officers i.e. PWs.1 to 5 with regard to recovery

of 240 pieces of currency notes of Rs.500/- each, suspected to be

fake, from the possession of the appellant is corroborated by

independent witness i.e. PW7. The ocular evidence is supported by

the contemporaneous seizure list which has been exhibited. Seized

notes were also produced in court.

16. It is contended that the malkhana register has not been produced.

Non-production of malkhana register does not affect the chain of

custody. Numbers of the seized notes are noted in the seizure list

and tally with the currency notes produced in court. PW10 deposed

that he received the seized notes and sent them for examination at

Bharatiya Reserve Bank Note Mudran (P) Ltd. at Salboni. Report of

the expert (Ext.7) shows that the seized notes are fake. Hence,

possession of 240 pieces of FICNs. of Rs.500/- each, i.e.

Rs.1,20,000/- in all, is proved.

17. Learned Advocate for the appellant strenuously argued that his

client was unaware that the notes are fake.

18. I am unable to accede to such desperate argument. 240 pieces of

fake Indian currency notes were recovered from the petitioner. The

overwhelming volume of fake notes recovered from the petitioner

gives rise to the irresistible inference that he was aware that the

said notes were fake and was in conscious possession of the same.

19. It is also argued that the petitioner had not used the said notes.

Charge under Section 489B IPC has been framed for 'trafficking'

and not 'user of the notes'. Gist of the charge is to the effect that on

29.09.2014 at 19:55 hrs., the appellant had brought the counterfeit

currency notes of Rs.1,20,000/- to use them in the open market as

genuine.

20. Evidence on record shows the appellant is a resident of a different

State. He was found in front of Reshmi hotel in an open market

with fake currency notes valued at Rs.1,20,000/- in all. The

aforesaid evidence shows he was in the process of trafficking the

currency notes when he was apprehended.

21. Plea of the appellant that he was an agent of Interpol, Chennai and

has been falsely implicated by the State police is unfounded and a

preposterous one. It was rightly turned down by the trial Court.

22. Hence, conviction and sentence of the appellant under sections

489B/489C IPC is upheld.

23. The appeal is accordingly, dismissed.

24. Period of detention suffered by the appellant during investigation,

enquiry and trial shall be set off against the substantive sentence

imposed upon him in terms of Section 428 of the Code of Criminal

Procedure.

25. Lower court records along with a copy of this judgment be sent

down at once to the learned trial Court for necessary action.

26. Photostat certified copy of this order, if applied for, be given to the

parties on priority basis on compliance of all formalities.

I agree.

(Ajay Kumar Gupta, J.)                            (Joymalya Bagchi, J.)


Akd/PA