- (1.) THE Petitioner being arrested in connection with Kaliachak Police Station Case No.482 of 2014 dated 25th June, 2014 under Sections 489B/489C/34 of the Indian Penal Code, has filed this application for bail.
(2.) WE have heard the learned Counsel for the parties. Mr. Kabir, the learned Counsel for the Petitioner, has argued that since the allegation against the Petitioner is only of possession of the counterfeit currency notes, the charge would be under Section 489C of the Indian Penal Code, which is the bailable offence and not under Section 489B of the Indian Penal Code, which is a non -bailable Section. He has relied on the judgment of this Court in the case of Madan Lal Sarma Vs. The State, reported in 1990 Cri L J 215.
(3.) BAIL Mr. Singh, learned Public Prosecutor, submits that the very fact that the Petitioner was found in possession of a large number of counterfeit currency notes would indicate his intention to traffic those notes. He further submits that under Section 106 of the Indian Evidence Act the burden is on the Petitioner to give an explanation for possessing the notes as that would be within his special knowledge. He has relied on the judgment of the Bombay High Court in the case of Kiran Kumar K. Khanda Vs. State of Maharashtra, reported in 2011 Cri L J 2748 and of the Gujarat High Court in the case of Rayab Jusab Sama Vs. State of Gujarat, reported in 1999 Cri L J 942. We have scrutinised the case diary. Having regard to the statements recorded, in our opinion, there is no need to detain the Petitioner any further. It is not necessary to consider at this stage whether Section 489C is applicable and not Section 489B as submitted by Mr. Kabir.;