Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 29.07.2015 and 30.07.2015 passed by the learned Additional District and Sessions Judge, Bench No. II, Bichar Bhawan, Calcutta in Session Case No. 101 of 2011 convicting the appellant for commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentencing him to undergone rigorous imprisonment for ten years and to pay a fine of Rs.50,000/-, in default, to suffer rigorous imprisonment for one year on each count with further direction that the sentences shall run concurrently.
(2.) The prosecution case, as alleged, against the appellant and one Rejaul Karim (since deceased) is to the effect that on 16.08.2011 on the basis of source information Silash Toppo, S.I. of police attached to S.F.T. Calcutta Police (P.W. 1) kept watch at M.G. Road, Burrabazar to track out traffickers dealing in fake Indian currency notes (hereinafter referred to as "FICNs"). During such surveillance, he noticed commotion inside a shop name and style "Abiskar Electronic" and upon going into the said shop, the source identified two persons as traffickers of FICNs who were involved in the said altercation. S.I. Silash Toppo apprehended the persons who disclosed their identity as Rejaul Karim @ Karim and the appellant. The owner of the said shop Bhupendra Soni, P.W. 2, informed him that two persons had come his shop for purchasing mobile phones and music system and had handed over currency notes for payment while he suspected to be fake and had returned the same to the apprehended persons. The said persons insisted that the currency notes were genuine resulting in commotion. Under such circumstances, P. W. 1 conducted search upon Rejaul Karim and recovered 14 pieces of Indian currency notes of Rs. 500 denomination each from his right hand and 1000 pieces of Indian currency notes of Rs. 1000 denomination each and 944 pieces of Indian currency notes of Rs. 500 denomination each from his possession. The said currency notes were kept in a black rexine side bag wrapped in a lungi and appeared to be fake. A cash memo of Rs. 7,000/- dated 16.08.2011 in the name of Rejaul Karim was also recovered from the left chest pocket of his shirt.
(3.) The aforesaid items were seized under a seizure list. Upon search of the appellant Bajaul Sk., 11 pieces of Indian currency notes of Rs. 500 denomination each and a cash memo issued by Abiskar Electronic Enterprise in his name was recovered from his left chest pocket of his shirt. 20 pieces of Indian currency notes of Rs. 500 denomination each were recovered from the right side pocket of his trouser along with 263 pieces of Indian currency notes of Rs. 500 denomination each from the left side pocket of his trouser. The said Indian currency notes appeared to be fake and accordingly were seized along with the aforesaid cash memo under a seizure list. Accordingly, an amount of Rs. 14,79,000/- and Rs. 2,37,000/- in FICNs were recovered from the miscreants. The seized articles were packed, sealed and labeled and the appellant along with Rejaul Karim were arrested and were handed over along with seized alamats to the officer in charge of Burrabazar Police Station.;