Indrajit Chatterjee, J. - (1.) I am hearing this appeal as against the judgment and order of conviction dated 9th April, 2014 passed by the learned Additional District and Sessions Judge, 5th Court, Barasat, North 24 Parganas in Sessions Trial No. 1(12) 11 arising out of Sessions Case No. 5(8) 11 (Ashokenagar P.S. Case No. 130/11, G.R. Case No. 1306 of 2011).
(2.) THE prosecution case as unfold at the time of trial can be stated in brief. Thus: The de facto complainant of this case one Rajarshi Banerjee of CID, West Bengal, District -North 24 -Parganas got a source information that a person would come with fake currency notes near Guma Railway Station within Ashokenagar PS, District -24 Parganas (North). He conveyed the matter to his superior and obtained permission and he thereafter along with Inspector Sk. Md. Feroze Hossain (PW6), Inspector Pranab Mitra (PW2), Constable Mahasin Ali Khan (PW3) and Constable Kapil Deb Barman (PW4) proceeded towards Guma and reached the place of occurrence in the mid -noon. The witnesses varied regarding the exact time of arrival but it was at least in between 1.00 p.m. to 2.15 p.m. When the police party was waiting near the place of occurrence they found one person coming down the street and source identified the said person. The police officers present there including the de facto complainant Rajarshi Banerjee (PW1) disclosed their identity and as soon as the said person could know that they were police officers then he tried to flee away, but he was apprehended. The said person disclosed his name as Prasanta Sarkar (now the appellant before this Court). Two witnesses, namely Bhaskar Banerjee (PW8) and another Sanjoy Majumder, (not examined), could be located at the spot and the accused was given an opportunity to search the de facto complainant in presence of those witnesses and other persons who assembled at the place of occurrence but the accused and the other persons declined.
(3.) THEREAFTER , the accused was searched and the police party found eighty -five hundred rupee notes in total rupees forty thousand which were kept in a plastic bag in possession of the accused. The notes were in four sets divided into four series (i) 8BQ -J 32311, (ii) 8BQ -J 32312, (iii) 8BQ -J 32313 and (iv) 8BQ -J 32316. All such notes were 20 in number per series. Those were suspected to be fake currency notes and as such those were seized as per seizure list which was marked as Exhibit 2 and the accused was also asked to sign which he did. The accused was thereafter arrested and taken to Ashokenagar Police Station and the FIR was lodged by PW1, I repeat Rajarshi Banerjee giving rise to Ashokenagar P.S. Case No. 130/11 dated 29.3.11 under Sections 489B and 489C of the Indian Penal Code (hereinafter called as the said Code). The case was investigated by P.W.9, Dilip Kumar Sinha, SI of Barasat DD, CID, West Bengal.;