- (1.) THIS appeal arose out of the judgment and order dated 13.08.2010 passed by the learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No. 8/2010 and convicting the appellants under section 489 -C of the Indian Penal Code and sentencing them for a period of five years and to pay a fine of Rs. 5,000/ - each with default clause.
(2.) IN the background of this appeal, the fact in a nutshell is as follows :
(3.) ON 25.4.2004 at about 8.05 a.m. one SI Farid Hossain, Officer -in -Charge of Kaliachak P.S. received a source information that some miscreants had brought a huge amount of fake Indian currency notes to use and push the same into Indian market as genuine and were waiting at village Bamontala under PS Kaliachak. Accordingly, he diarised the information in the general diary book and left for Bamantola with police force. At about 8.45 a.m. they reached Bamontola village and spotted the place where the miscreants gathered with the help of the informant. The miscreants having got the scent of police party, started to run away helter -skelter. They were chased by the police; some of them fled away and only two of them were caught red handed. Those two miscreants were Anikul Sk. and Montu Sk., as divulged by them. On search of the body of the two accused persons, a large number of fake Indian currency notes were recovered. From accused Anikul Sk. were recovered 102 numbers of five hundred -rupee -note and from Mantu Sk. were recovered 150 numbers of one hundred -rupee -note. The notes were seized then and the seizure list was prepared. A complaint was lodged.;