Decided on August 19,2013

Asjad; Ashraf Appellant


- (1.) Since both the appeals are arising out of same judgment and order, therefore, both the appeals are taken up together and being disposed of by this common judgment.
(2.) Appellants are challenging judgment and order dated 27.04.2012 passed by Sessions Judge, Champawat in Sessions Trial No. 13 of 2010 whereby both the appellants were held guilty for the offence punishable under Section 489C IPC and were sentenced to undergo 5 year rigorous imprisonment each and to pay fine of Rs. 10,000/- each and in default of making payment of fine, to undergo additional rigorous imprisonment of 6 month.
(3.) Brief facts of the present case, inter alia, are that on 11.12.2008, SHO Vinod Kumar Yadav PW1 along with SI Girish Chandra Bhatt PW2, Constable Praveen Kumar, Constable Anoop Singh, Constable Kishan Singh left the police station in Government Jeep bearing registration UA 03 4592 along with Driver Constable Kharak Singh vide report no. 27 at 03.10 p.m., for law and order duty as well as for checking of suspects; when police party reached near Jagbhuda Bridge, police informer passed on secret information that two persons having counterfeit and fake Indian currency notes were going towards Nepal, therefore, they could be apprehended; having received secret information police party tried to have independent witnesses, however, none could agree to become independent witness; members of the police party conducted search of each other and having satisfied that none of them was carrying any counterfeit and fake currency notes, they proceeded towards railway crossing along with police informer; Government Vehicle was parked 500 metres before the railway crossing; police personnel concealed themselves behind the bushes and started waiting for the persons carrying counterfeit and fake currency notes; after some time, two persons were noticed coming towards police party; on this police informer pointed out towards the appellants and told that appellants were those persons, who were carrying counterfeit and fake currency notes and going towards Nepal; thereafter, police informer left the spot; the moment both of them came on the metal road, police apprehended both of them; on being asked, both of them disclosed their identity as of appellants; on search, from the right pocket of the pant wore by appellant Asjad, son of Maksood, one currency note of Rs. 1000/- and 490 currency notes of Rs. 100 were recovered while from the right pocket of pant wore by appellant Ashraf, son of Babu, 100 currency note of Rs. 50 and 100 currency note Rs. 500 were recovered; all the currency notes, so recovered, were found to be counterfeit and fake; on being asked, they confessed before the police party that they were going to Nepal to deliver the counterfeit and fake currency notes to one Mohan Giri, who in turn, used to pay them 25% of the total amount of counterfeit and fake currency notes. Arrest memo, search memo and seizure memo were prepared on the spot; fake currency notes, so recovered, were kept in a seal cover under the seal and signature of PW1 SHO Vinod Kumar Yadav; sample seal was prepared on the spot and thereafter, both the appellants along with fake currency notes were brought to the police station; thereafter, chick FIR was got registered.;

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