Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 19.11.2016 & 20.12.2016 passed by the learned Additional Sessions Judge, 1st Court at Siliguri in Sessions Trial No.12/2013 corresponding to Sessions Case No.51(4)/2013 convicting the appellant for commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.30,000/- in default to rigorous imprisonment for a further period of six months for the commission of offence punishable under Section 489B of the Indian Penal Code and also sentencing him to suffer rigorous imprisonment for a period of seven years and to pay a fine of Rs.30,000/- in default to undergo rigorous imprisonment for a further period of six months for the commission of offence punishable under Section 489C of the Indian Penal Code. Both the sentences shall run concurrently.
(2.) Prosecution case, as alleged against the appellant is to the effect that the appellant along with one Asha Sah @ Turaha (since deceased) were apprehended at about 13.50 hrs of 31.12.2012 by P.W.2, S. S. Gupta, Senior Intelligence Officer, Directorate of Revenue Intelligence, Siliguri Regional Unit at Siliguri Junction Railway Station area in front of ticket counter of M/s. Jay Maa Ambay Travels when they were about to board a Bihar bound bus named ATIANA on the suspicion that they were smuggling Fake Indian Currency Notes (FICNs) from Siliguri to Bihar. Upon searching their bag a huge quantity of Fake Indian Currency Notes (FICNs), that is, 599 number of currency notes of denomination of Rs.1000/- each and 798 numbers of currency notes of denomination of Rs.500/- each, totaling Rs.9,98,000/- were seized under Section 110 of the Customs Act on the reasonable belief that the said consignment was illegally imported into India from Bangladesh for widely circulation in Indian market. The appellants were arrested by the said officer under Section 104 of the Customs Act. At that time co-accused Asha Sah felt uneasy and was admitted to Siliguri District Hospital. Thereafter, P.W.2 lodged written complaint at Pradhannagar P.S. resulting in registration of Pradhannagar P.S. Case No.1/13 dated 1.1.2013 under Section 489B/489C of IPC. During investigation, Arabinda Pandit (P.W.9) made prayer for police custody of the appellants. He also re-seized the FICNs from P.W.2 under a seizure list and sent the seized currency notes to General Manager, Bharatiya Note Mudran Limited, Salboni, West Midnapore for examination. Subsequently, the investigation was handed over to Niloy Jha (P.W.13) who conducted raid at Bettiah, West Champaran, Bihar and arrested two accused persons, namely, Lal Babu Sha and Surendra Sharma. Upon obtaining report of the expert he submitted charge sheet. Charges were framed against the appellants Ram Pravesh Sah @ Ram Prabesh Gupta, Asha Sah @ Turaha, Lalbabu Sah and Surendra Thakur @ Sharma under Section 489B/34 and 489C/34 of the IPC.
(3.) In the course of trial, two of the accused persons, namely, Lalbabu Sah and Surendra Thakur @ Sharma absconded while the other accused Asha Sah @ Turaha expired. In conclusion of trial, the trial Judge by the impugned judgement and order dated 19th December/20th December, 2016 convicted and sentenced the appellant, as aforesaid.;