ABUL KALAM AZAD Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-1-81
HIGH COURT OF CALCUTTA
Decided on January 22,2019

ABUL KALAM AZAD Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

Rajarshi Bharadwaj, J. - (1.) This appeal has been preferred by the appellant assailing the judgement and order dated 25th March, 2015 passed by the learned Additional Sessions Judge, Fast Track Court-1st, Islampur, Uttar Dinajpur in Sessions case no. 25 of 2013 (Sessions Trial No. 66 of 2013), whereby the learned Judge convicted the appellant for commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/-; in default to suffer simple imprisonment for ten days for the offence under Section 489B of the Indian Penal Code and further sentenced the appellant to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 1000/-, in default to suffer simple imprisonment for five days for the offence under Section 489C of the Indian Penal Code and the sentences were directed to run concurrently.
(2.) The prosecution case in brief is that one Shakespeare Kabir of Tungidighi Bazar under Karandighi P.S. lodged a written complaint with the said Police Station on 7th October, 2008 at 15.55 hours, stating inter alia that on the same day at about 3.00 p.m., accused Abul Kalam Azad came at his mobile shop, which was situated at Tungidighi Bazar and purchased one mobile phone on payment of Rs. 5,000/-. All the notes having denomination of Rs. 500/-, out of which one currency note having denomination of Rs. 500/- was suspected. The complainant having suspected the said note called his neighbour shop-holders, who also suspected the same and thereafter, Karandighi Police Station was informed. Sub-Inspector Nandan Kumar of Karandighi Police Station came to the spot and interrogated the accused. He found that the currency note was fake and made search in person of the accused. On being searched other 19 fake currency notes having denomination of Rs. 500/- were recovered from the possession of the accused. Thereafter, he prepared the seizure list and seized the said 20 currency notes in presence of the witnesses. The accused was arrested and was taken to police station.
(3.) On the basis of the written complaint by Sub-Inspector Nandan Kumar, a criminal case, being Karandighi Police Station Case no. 303 of 2008 dated 7th October, 2008 was started against the accused/appellant under Sections 489B and 489C of the Indian Penal Code. The then I.C. of Police Station endorsed the case for investigation to S.I. A.C. Basak, who investigated the case and thereafter, S.I. Nandan Kumar further investigated the case and filed charge sheet against the accused, who pleaded not guilty and claimed to be tried.;


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