Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 12.2.2014 and 14.2.2014 passed by learned Additional Sessions Judge, 3rd Court, Malda, in Sessions Trial No.17 of February 2013 corresponding to Sessions Case No.171 of 2013 convicting the appellants herein for the commission of offence punishable under section 489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.5000/- each, in default to undergo simple imprisonment for another period of six months more.
(2.) Prosecution case, as alleged, against the appellants is that on 21.2.2013 at about 13.45 hours an information was received at the Baisnabnagar police station relating to procurement and transportation of large amount of Fake Indian Currency Notes ( for short 'FICNs') through New 18 Mile More; such information was diarized at the police station being G.D. Entry No.822 dated 21.2.2013; as per direction of I.C., Baisnabnagar, A.S.I. Sunirmal Singha and other police officers went to New 18 Mile More to work out the information after lodging general diary being G.D. No.823 dated 21.2.2013. On reaching New 18 Mile More at about 14.15 hours, they started patrolling the area and at about 14.35 hours they noticed three persons loitering at 18 Mile More. As per identification by the source, the raiding party detained those three persons and the aforesaid persons were thereafter searched in presence of local people. 100 pieces of FICNs amounting to Rs.50,000/- of denomination of Rs.500/- each were recovered from a black coloured plastic carry bag concealed in the left side pocket of pant of the appellant No.1, Pradip Kumar and 50 pieces of FICNs amounting to Rs.25,000/- of denomination of Rs.500/- each were recovered from the appellant Nos.2 and 3. Other articles such as mobile phone, ATM cards, PAN cards, voter cards were also seized under proper seizure list and the seized articles were labelled in presence of witnesses. Upon interrogation, the appellants admitted that they had procured the FICNs from Sahabjpur under Kaliachak police station in order to use them as genuine. The appellants were arrested and S.I. Ramprasad Chakladar (P.W.1) lodged complaint at the police station resulting in registration of Baisnabnagar P.S. Case No.45 of 2013 dated 21.2.2013 under sections 489B/489C/120B of the Indian Penal Code against the appellants. In the course of investigation, the seized FICNs were sent for examination at Bharatiya Reserve Bank Note Mudran Pvt. Ltd. and on receipt of report, charge-sheet was filed against the appellants. The case was committed to the Court of Sessions and charges were framed under sections 489B/489C/120B of I.P.C. The appellants pleaded not guilty and claimed to be tried.
(3.) In the course of trial, prosecution examined nine witnesses and exhibited a number of documents including the expert report (Exhibit-12). Prosecution also exhibited the FICNs in Court. In conclusion of trial, the learned Sessions Judge by judgment and order dated 12.2.2014 and 14.2.2014 convicted and sentenced the appellants, as aforesaid.;