Rameshra Amlesh vs State Of Chhattisgarh
2021 Latest Caselaw 2867 Chatt

                                         1

                                                                              NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                         Criminal Appeal No. 634 of 2021

   • Rameshra Amlesh, S/o Nohar Singh, Aged about 35 years, Caste- Gond, R/o-
     Village - Rataga, Bartola, Police Station & Tahsil- Marwahi, District- Gaurela -
     Pendra - Marwahi (G.P.M) (Wrongly mentioned as Pendra in the order sheet)
     (C.G.).

                                                                       ---- Appellant

                                      Versus

   • State of Chhattisgarh, through- Station House Officer, Out Post- C.S.E.B, Police
     Station- Kotwali, District- Korba (C.G.).

                                                                    ---- Respondent


       For Appellant            :     Mr. Dharmesh Shrivastava, Advocate.
       For Respondent/State     :     Mr. Sunil Otwani, Additional A.G.


                      Hon'ble Shri Justice Goutam Bhaduri
                    Hon'ble Shri Justice Arvind Singh Chandel
                               Judgment on Board
Per Goutam Bhaduri, J.

25/10/2021

1. Heard.

2. The present appeal is filed under Section 21(4) of the National

Investigation Agency Act, 2008 against the order dated 05.03.2021

passed by the learned Additional Sessions Judge (F.T.C.), Korba,

District- Korba (C.G.) in B.A. No. 74/2021 arising out of Crime No.

02/2021, Police Station- Kotwali, Out Post- CSEB, District- Korba for

the offence under Sections 489-क, 489-ख, 489-ग, 489-घ, 34, 201 of the

I.P.C.

3. As per the prosecution case, on 31.12.2020 an information was

received that the appellant along with other accused were trying to

circulate the fake currency notes at a crowded place in the market, and

while doing so he was arrested. When the appellant was

apprehended, two of other co-accused namely Rai Bahadur and Gulab

Ahiresh who were with the appellant fled away. Subsequently, at the

instance of the appellant the motor-cycle on which they traveled, from

the dikki of vehicle fake notes of Rs. 200/- of 10 number and Rs. 500/-

denomination notes of 12 were seized.

4. Learned counsel for the appellant would submit that the appellant who

is a daily wage worker was given the notes in lieu of the work he has

done, therefore, his possession was innocent without knowing the fact

of the said notes, whereas the allegation of printing the notes is

attributed to some other co-accused. He further submits only two notes

of Rs.100/- denominations were seized from the appellant. Charge-

sheet has been filed and the appellant may be enlarged on bail.

5. Per contra, learned State counsel opposes the arguments and would

submit that the appellant was in connivance with the other co-accused,

tried to circulate the fake notes in the crowded place in the market and

when the appellant was apprehended the other co-accused fled away

and from the memorandum at the instance of the appellant, 10 notes

of the denomination of Rs. 200/- and 12 notes of denomination of Rs.

500/- were recovered from the dikki of the motor-cycle, therefore, the

appellant was in connivance with possession of the notes.

6. Perused the memorandum and the case diary. Considering the

memorandum and the nature of seizure that at the instance of the

appellant from the dikki of a motor-cycle, the fake notes of Rs. 200/-

and Rs. 500/- were recovered, therefore, without any observation on

the merit, as the appellant is facing the trial, we are not inclined to

allow this appeal. Sans merit is liable to be and is hereby dismissed.

                       Sd/-                                        Sd/-
                (Goutam Bhaduri)                         (Arvind Singh Chandel)
                     Judge                                        Judge




Vasant