S. Talapatra, j. - (1.)Heard Mr. H.K. Bhowmik, learned counsel appearing for the appellant as well as Mr. A. Acharjee, learned special P.P. appearing for the state.
(2.)This is an appeal under Sec. 374(2) of the Cr.P.C. from the judgment dtd. 3/3/2016 delivered in Sessions Trial 27(NT/K) of 2014 by the Sessions Judge, Unakoti Judicial District, Kailashahar. By the said judgment, the appellant has been convicted under Sec. 489(C) of the IPC having found that counterfeit currency notes were in his possession on knowing or having reason to believe the same were to be counterfeited and intending to use the same as genuine or it might be used as genuine. Pursuant to the said conviction, the appellant has been sentenced to suffer rigorous imprisonment for 5(five) years for commission of offence punishable under Sec. 489C of the IPC.
(3.)The prosecution against the appellant commenced when a secret source informed PW-11 [Bibhas Ranjan Das] who was the officer-in-Charge of Irani out post that one young boy who acts as the carrier of the counterfeit currencies would carry and pass through Nayapattan to Laxmipur through the field and on the basis of that tip, the police with and without uniform placed an active surveillance over that area. When the appellant was coming through the field and reached the place nearby Laxmipur tri-junction one Fakrul Islam, the police constable caught him redhanded and detained. PW-11 has stated in his complaint, made to the officer-in-Charge Kailashahar P.S., that in presence of the local witnesses, he searched the person of the appellant and found 27(twenty seven) fake counterfeit Indian currency notes with denomination of Rs.500.00 kept concealed inside the socks of the right leg of the appellant. He seized those currency notes and detained the accused person. In the said complaint, it has been stated that the appellant had confessed to PW-11 that one Abdul Razzak and Abdul Sahid circulated those fake currency through the appellant. In terms of the said written complaint dtd. 15/11/2013, along with the seizure list and the arrest memo, Kailashahar P.S. Case No.16/13 under Sec. 489B/489C/34 of the IPC was registered and taken up for investigation. It appears from the records that on investigation, no material was found against Abdul Razzak or Abdul Sahid and hence, the final police report only incriminated the appellant herein. After providing the police papers to the appellant, the case was committed to the court of the Sessions Judge, North Tripura Judicial District, Kailashahar as the said offence is exclusively triable by the Court of Sessions. The Sessions Judge, having taken the cognizance framed the charge against the appellant under Sec. 489C of the IPC for possessing the counterfeit currencies to the value of Rs.13,500.00 and to use the same as genuine and hence, the appellant was asked whether he would admit that charge or not. The appellant denied the charge, pleaded innocence and claimed for trial.
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