JUDGEMENT
OM PRAKASH-VII,J. -
(1.)Present jail appeal has been preferred by accused appellant Abdul Gaffar against judgment and order dated 30.10.2010 passed by Additional District Judge / Fast Track Court No.2, Bijnor in Session Trial No. 804 of 2008 convicting and sentencing appellant for the offence punishable under Section 489-B I.P.C. to undergo imprisonment for life and a fine of Rs. 20,000/- and for the offence under Section 489-C I. P.C. to undergo seven years rigorous imprisonment and a fine of Rs. 10,000/- In case of default in payment of fine, appellant was also to undergo one year's additional imprisonment. All sentences were directed to run concurrently.
(2.)Prosecution case, as unfolded by informant S.S.I. Amar Singh, police station Kotwali Shahr, District Bijnor is that on 10.06.2008 he alongwith other police personnel were involved in checking of suspicious vehicles and persons at roadways bus stand, Bijnor. An information from informer was received that a Bengali had come with counterfeit currency and will carry the same to village Mewa Nevada, Police Station Sehora. As per said information, police party reached at the northern gate of bus stand. Informer, pointing out a person standing there in lungi, said that he was same person, who was having counterfeit currency. The police party surrounded him and apprehended him at 08:50 p.m. from the northern gate of said bus stand. On enquiry, he disclosed his name as Abdul Gaffar son of Samir Uddin village Amamilki, Police Station Kaliya Chak, District Maldah (West Bengal). On search, a black colour bag having a pant shirt along with other articles and a yellow colour polythene, in which 198 counterfeit currency in the denomination of Rs. 500/-, were recovered and Rs. 31,100/- were also recovered. He confessed that he brought those counterfeit currencies from West Bengal and was going to deliver the same at village Mewa Nevada. Police party tried to obtain public witness but nobody was ready for the same. Keeping in same polythene, recovered counterfeit currencies were sealed in a cloth. Details of said notes were also noted down. Recovery memo was prepared. Arrested person alongwith seized property was deposited in the police station and said case crime was registered.
(3.)During investigation, seized currency notes were sent for examination to Kanpur and thereafter to Currency Printing Press, Nasik (Maharashtra), where said notes were found counterfeit. After investigation charge-sheet was filed. Concerned Magistrate took cognizance and case being exclusively triable by sessions court, was committed to Court of Sessions.
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