Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 8/9.09.2014 passed by the learned Additional Sessions Judge Fast Track 3rd Court, Malda in Sessions case no. 94 of 2013 (Sessions Trial No. 7 of 2013) convicting the appellant for commission of offence punishable under Section 489B and 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.10,000/, in default to suffer rigorous imprisonment for 4 (four) months for the offence punishable under section 489B IPC and to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Rs. 10,000/-, in default to suffer rigorous imprisonment for 4 (four) months for the offence punishable under section 489C IPC. Both the sentences shall run concurrently.
(2.) Prosecution case, as alleged, against the appellant is to the effect that on 28.11.2012 at 10.15 hours one Inspector G. Ashish Kumar of D.C. (G) Team attached to Narayanpur, Malda came to Baishnabnagar Police Station and reported that illegal procurement and transportation of a large amount of Fake Indian Currency Notes "FICN" for short shall take place through PTS more. The aforesaid information was noted in a general diary and as per order of IC, Baishnabnagar Police Station, S. I. Bitul Pal (P.W.3) along with force went to the place of occurrence to work out the said information. When they reached the place of occurrence, source pointed out a person who was loitering near Bhangatola more in a suspicious manner. They apprehended the said person and upon interrogation he disclosed his identity. In the presence of witnesses the appellant was searched and 100 pieces of FICNs having denomination of Rs.1,000/- each in one bundle and 195 pieces of FICNs having denomination of Rs.500/- each in two bundles wrapped in black coloured plastic carry bag were recovered from the shoulder bag of the appellant along with other articles. The said articles were seized under a seizure list and the appellant along with the seized articles was brought to the police station. P.W.3 lodged written complaint resulting in registration of Baishnabnagar Police Station Case No.298 of 2012 dated 28.11.2012 under Sections 489B/489C/120B of the Indian Penal Code.
(3.) In the course of investigation, the seized currency note were sent for examination at Salboni and on receipt of report showing that they were fake, charge sheet was filed against the appellant. The case was committed to the Court of Sessions and transferred to the Court of Additional Sessions Judge, Fast Track, 3rd Court at Malda. Charges were framed under Section 489B/489C of the Indian Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried.;