2020 (12) TMI 1402 - HC - Indian Laws

Conviction and sentence under Sections 489B/34 and 489C/34 of the Indian Penal Code - trafficking - recovery of huge quantity of fake Indian currency Notes (FICN) - relaibility of statements - sentencing of accused - HELD THAT - Throughout the evidence there is no corroboration by any prosecution witness in respect of such evidence and there is neither any other documentary evidence to substantiate the same. Further, no materials relating to such fact was brought in evidence by the prosecution and surprisingly the petition of complaint also did not implicate the said Rahul alias Ikram alias Ikramul as an accused. The prosecution case is silent whether in course of investigation any process was issued or any attempt was made to apprehend the said Rahul. Additionally, the seizures were effected at the office of the revenue authorities and thereafter the statements under Section 108 of the Customs Act were recorded. Relying upon the judgment of the Hon'ble Supreme Court in the case of Noor Aga (supra) this court is of the opinion that the confessional statements so recorded under Section 108 of the Customs Act solely cannot be a foundation for arriving at the conclusion of the guilt of the accused-appellants. The prosecution has failed to prove the charges under Section 489B of the IPC - However, the accused appellants have failed to dislodge the prosecution evidence so far as the seizure of the fake currency notes from their possession are concerned. The accused appellants are acquitted of the charge under Sections 489B/34 of the IPC consequently their conviction and sentence so imposed by the Ld. Trial Court is set aside - the accused appellants are convicted under Sections 489C/34 of the IPC and their sentence so imposed by the trial court are accordingly affirmed. Appeal allowed in part.

Summary

Issues Involved:

1. Conviction and sentence under Sections 489B/34 and 489C/34 of the Indian Penal Code (IPC).
2. Validity of the seizure and recovery of Fake Indian Currency Notes (FICN).
3. Reliability of statements recorded under Section 108 of the Customs Act.
4. Applicability of Section 489B of the IPC.
5. Sentencing under Sections 489C/34 of the IPC.

Detailed Analysis:

1. Conviction and Sentence under Sections 489B/34 and 489C/34 of the IPC:

The appellants were convicted by the Ld. Additional Sessions Judge under Sections 489B/34 and 489C/34 of the IPC and sentenced to rigorous imprisonment for ten years with a fine of Rs. 50,000/- each for the offense under Sections 489B/34, and rigorous imprisonment for five years with a fine of Rs. 25,000/- each for the offense under Sections 489C/34.

2. Validity of the Seizure and Recovery of FICN:

The prosecution initiated based on a complaint by Prabir Kumar Bhadra, Senior Intelligence Officer, Directorate of Revenue Intelligence, Berhampore. The accused were apprehended on 12-12-2013, and a significant quantity of FICN was recovered. The prosecution relied on eight witnesses and several documents. Witnesses consistently narrated the formation of the raiding party, the manner of search and seizure, and the quantum of FICN recovered. The special vest and shoes used by the accused to conceal FICN were identified, and the expert opinion confirmed the counterfeit nature of the currency. The defense's contention regarding discrepancies in the seizure was not substantiated.

3. Reliability of Statements Recorded under Section 108 of the Customs Act:

The prosecution relied on statements recorded under Section 108 of the Customs Act. The defense argued that these statements alone could not substantiate the charges under Section 489B of the IPC. The court referred to several judgments, including Kashmira Singh vs. State of Madhya Pradesh and Girish Raghunath Mehta v. Inspector of Customs, to assess the evidentiary value of such statements. The court concluded that, based on the precedent set in Noor Aga and Toofan Singh v. State of Tamil Nadu, confessional statements under Section 108 of the Customs Act cannot solely form the basis for conviction.

4. Applicability of Section 489B of the IPC:

Section 489B IPC deals with using as genuine, forged, or counterfeit currency notes. The court examined whether the evidence supported the charge of trafficking counterfeit currency. The defense argued the lack of evidence for sale, purchase, or receipt of counterfeit notes. The court found no corroborative evidence or documentary proof linking the accused to the act of trafficking. Consequently, the court acquitted the appellants of the charges under Sections 489B/34 IPC, setting aside the conviction and sentence for this charge.

5. Sentencing under Sections 489C/34 of the IPC:

The court upheld the conviction under Sections 489C/34 IPC, which deals with possession of counterfeit currency. The appellants failed to disprove the prosecution's evidence regarding the seizure of counterfeit notes from their possession. The sentence of rigorous imprisonment for five years with a fine of Rs. 25,000/- each was affirmed. The court directed that if the appellants had already served this sentence, they should be released unless wanted in other cases.

Conclusion:

The appeal was partly allowed, acquitting the appellants of charges under Sections 489B/34 IPC but affirming the conviction and sentence under Sections 489C/34 IPC. The court directed the department to communicate the order to the Ld. Trial Court and send the Lower Court Records (LCR) forthwith. Urgent certified copies of the judgment were ordered to be provided upon compliance with requisite formalities.