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TMI Blog2020 (1) TMI 1695X X X X Extracts X X X X X X X X Extracts X X X X ..... raming the charge would cause prejudice to them and occasion failure of justice. In this factual backdrop, it is constrained to hold that the appellant is entitled to an order of acquittal under section 489B of the IPC in the present case. Whether the examination of the appellant under section 313 Cr.P.C. is not in consonance with the law? - HELD THAT:- Although the questions posed to the appellant may have been framed in a more elegant manner, impact of such questions and the intelligent answers given by the appellant to them, does not give an impression that the appellant failed to understand the meaning and purport of those questions and had suffered any prejudice in that regard - Reliance has been placed on Mongat Ram Singh Anr. Vs. State of West Bengal, [ 2004 (10) TMI 643 - CALCUTTA HIGH COURT ]. In the cited decision, this court held that questions posed to the appellant were of such nature that it had caused prejudice to the appellant. In fact, the prosecution also admitted to such fact - In the present scenario the aforesaid ratio is clearly distinguishable. The conviction and sentence of the appellant under section 489C of the Indian Penal Code is upheld - the conviction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were recovered from a black plastic carry packet which was carried by the appellant in a red and black handbag in his right hand. Some genuine currency notes were also recovered from his possession. From the other co-accused namely, Monirul Islam, five bundles containing 100 numbers of Rs. 500/- in each bundle and one bundle containing 97 numbers of Rs. 500/- each, i.e. Rs. 2,98,500/- in all, wrapped in a black plastic carry packet were recovered. The currency notes suspected to be fake were seized under a seizure list which was signed by witnesses and accused persons. The currency notes were kept in ten yellow envelopes marked as Exhibits A to J respectively. On the written complaint of Amit Bhakat (PW 1), Samserganj Police Station Case No. 345 of 2013 dated 10.10.2013 under Sections 489B/489C IPC was registered for investigation. In the course of investigation, currency notes were sent for forensic examination at Bharatiya Reserve Bank Note Mudran Private Limited, Shalboni, West Midnapore. After receipt of the report from the Bharatiya Reserve Bank Note Mudran Private Limited stating that the notes were fake, charge-sheet was filed against the appellant. The case being a sessions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... public place. This gives an inference to their intention to use the FICNs as genuine establishing the ingredients of offence punishable under Section 489B of the Indian Penal Code. 5. I have considered the rival submissions made on behalf of the parties in the light of the evidence on record. PW 1 is the leader of the raiding party. He deposed that on 10.10.2013 he was posted at Samserganj Police Station as PSI. At around 10:35 hrs on that day he received secret information that two persons from Baisnavnagar were proceeding through Dhulian ferry ghat and they were possessing FICNs. He diarised the information and as per direction of officer-in-charge of the police station and along with other police officers proceeded to the ferry ghat in their official vehicle. They arrived at the ferry ghat at about 10:55 hrs. They parked their vehicle at a distance from Dhulian ferry ghat and approached towards the ferry ghat by foot. On reaching the ferry ghat, the source identified two persons who were found wandering near the ferry ghat in a suspicious manner. Seeing the police personnel, they tried to run away. PW 1 and others apprehended the said persons. In the presence of witnesses they ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It has been strenuously argued that the evidence of official witnesses ought not to be believed as the independent witnesses i.e. P.Ws. 6 and 7 have not supported the prosecution case. It is trite law that the evidence of hostile witnesses are to be examined in the backdrop of other evidence on record. Although P.Ws. 6 and 7 claimed that they had signed the seizure list and the seized currency notes in the police station, they were wholly discredited by being confronted with their previous statements to the police which portrayed a completely different picture. In view of prevaricating stance of the said witnesses, I am of the opinion that they had been won over during trial and had resiled from their earlier statements recorded during investigation. Hence, little credence ought to be given to their deposition in Court and the prosecution case based on the evidence of the official witnesses ought not to be rejected on such score alone. Furthermore, the expert opinion (Exhibit - 8) with regard to the seized currency notes shows that the said notes were fake. 11. In view of the aforesaid evidence on record, I am of the opinion that prosecution has been able to prove that the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich could lead to their circulation. 18. Expression otherwise traffics in when interpreted in the light of the aforesaid object would include any act undertaken by the accused which would lead to circulation of notes. 19. In Black's Law Dictionary, 10th edition, p. 1725, the word 'traffic' is defined as follows:- traffic- 1. Commerce; trade; the sale or exchange of such things as merchandise, bills, and money. 2. The passing or exchange of goods of commodities from one person to another for an equivalent in goods or money. 3. People or things being transported along a route. 4. The passing to and fro of people, animals, vehicles, and vessels along a transportation route. (emphasis supplied) 20. Lexicographically the expression 'traffic' means transportation or movement of goods through a route or public road. Interpreting the expression otherwise traffics in in section 489B of the Indian Penal Code in that perspective, transportation of a large volume of fake currency notes with the knowledge or reasonable belief that such notes are forged would definitely fall within the penal ambit of section 489B IPC. However, in the present case no charge of transportation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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