Shivakant Prasad, J. - (1.) This is an appeal against the judgment and order of conviction dated 06.04.2016 passed by the learned Additional Sessions Judge, Fast Track 1st Court, Malda in Session Trial No. 02(01)/2016 arising out of Sessions Case No.528 of 2015 whereby the appellant was convicted and sentenced for the charge under Section 489C of the Indian Penal Code.
(2.) The prosecution case in the instant appeal is as follows: Prosecution case is that one SI- Subir Kr. Sarkar then posted at Kaliachak P.s., lodged a written complaint at P.S. that on 13.07.2015 at 17:45 hours he received information over telephone from field 'G' 3, Farakka, SHQ, BSF, Malda, about dealing of huge quantity of FICN about to take place at Ghariallychak near Panchtara Mosjid and sought for assistance of police. He entered the information in G.D. No. 592, dated 13.07.2015 and informed I.C., Kaliachak P.S. who directed him to proceed with B.S.F. personnel to work out the information. He along with the police team consisting constable Misbaul hoque, Shankar Sardar and Biplab Rabidas left the P.S. to work out the information and reached near Panchtara Mosjid at about 18:05 hours and met with B.S.F. personnel who told him about the information. He requested local persons to assist thm and two persons, namely, Sahajahan and Daru agreed to assist them. At about 18:25 hours the source of B.S.F. indicated a person at a distance who was proceeding towards Chowrangee more to avail bus, was detained and on interrogation he disclosed his identity and after search as per rules huge amount of fake Indian Currency Notes were recovered, kept by him under his lungee of both sides of his waist, it was Rs.1,00,000/- of FICN thereafter the notes were seized and seizure list was prepared and accused was arrested.
(3.) On completion of investigation, charge-sheet under Sections 489B/489C of the IPC was submitted and trial started with the framing of charges to which the accused/appellant abjured of guilt.;