ASIM KUMAR MONDAL, J. - (1.) THE present appeal has been filed by the convict Tajamul Haque @ Tajammal Hoque against the judgement dated March 16th, 2013 in order dated March 18th, 2013 passed by learned Additional Sessions Judge, Fast Track Court No. 2, City Sessions Court, Bichar Bhawan, Calcutta convicting the appellant under Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for four years with fine of Rs. 4,000/ - only in default to suffer further imprisonment for term of five months in connection with Sessions Case no. 652 dated October 10th, 2010.
(2.) THE case of the prosecution is that on October 10th, 2010, a source information was received at about 17.30 hrs. to the effect that two persons from outside Calcutta would come with huge amount of fake Indian currency notes and for the purpose of trafficking the same they would come near Lenin Sarani.
(3.) P .W. 1 Debabrata Das attached to Special Task Force of Kolkata Police as S.I. On receiving the information at his instance and with the concurrence of his superiors a team comprising the members of STF such as Inspector Anuj Kumar Homroy, Inspector B.S. Kaberwal, S.I. Debabrata Das and three constables was formed. The team had been to the area and went for ambush duty. During such operation the team members came across an altercation which broke out at Gaba's/Java Mobile store located at 171/A and B, Lenin Sarani, Kolkata. They instantly entered the shop intercepted, disclosed their identities and detained two persons who are accused No. 1 and 2 involved in such altercation with the shop keepers. On being asked the Manager of the shop named Apurba Das, P.W. 2 divulged that for payment of price quoted in the bills for two mobile handsets the accused No. 1 tendered 26 pieces of counterfeit 500 rupee currency notes and accused No. 2 tendered 35 numbers of such currency notes and in view of his demand for delivery of genuine notes the altercation took place. After that the police personnel resorted to a thorough search adhering to the relevant formalities and recovered 136 pieces of counterfeit 500 rupees currency notes from the possession of accused Sanjiv and 161 pieces of counterfeit 500 rupees notes from Mojammal. Those notes were duly seized in presence of witnesses under two seizure lists. The police personnel arrested the traffickers of those notes. The police personnel produced the accused persons at Bowbazar Police Station as well as the seized materials. S.I. Debabrata Das lodged first information report of the incident. A Case was registered vide Bowbazar Police Station case No. 652 dated October 10, 2010 under Section 120 B, 489B and 489C of Indian Penal Code. Case was entrusted to S.I. Bipul Chandra Mujumder for investigation. The next case of the prosecution is that in pursuance of the instruction of the superior officer S. I. Sailesh Toppo (PW 6) attached to STF of Lalbazar had been to the BSF out -post Choriantapur of Malda on October 14, 2010 and came back after arresting Tezammal Hoque (accused No.3) who was detained there in connection with Bowbazar P.S. Case No. 652 dated October 10th, 2010. Sankar Dutta, S.I. of Police then posted in the STF of Lalbazar (P.W. 7) accompanied Tezammal Hoque on October 29, 2010 under the order of his superior to his house at village Pirpara in the district Malda where seizure was carried out under the seizure list in respect of 20 pieces of counterfeit currency notes of 500 denomination which were brought out by the accused from his house.;