Judgment :- (1) THESE appeals arise out of a judgment and order dated 14th September 2004 and 15th September 2004 passed by the learned Additional district and Sessions Judge 5th fast Track Court. Calcutta, in Sessions Trial no. 2 (3) of 2004 arising out of Sessions case No. 28 of 2004 convicting the appellant Md. Raja @ Raju for offences punishable under Sections 489b and 489c of the Indian Penal Code. The appellant Md. Islam @ Chattu was convicted under Section 489c of the Indian Penal Code. The appellant Md. Raja was sentenced to suffer rigorous imprisonment of 10 years as also to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for six months for the offence punishable under section 489b of the Indian Penal code and to suffer rigorous imprisonment for a period of 5 years as also to pay a fine of Rs. 5,000/ -. in default to suffer simple imprisonment for three months for the offence punishable under Section 489c of the Indian Penal Code. Both the substantive sentences were directed to run concurrently. The appellant islam was sentenced to suffer rigorous imprisonment of 5 years as also to pay a fine of Rs. 5,000/ -. in default to suffer simple imprisonment for a period of three months for the offence punishable under Section 489c of the Indian penal Code. The appeal preferred by Md. Raja has been registered as Criminal appeal No. 638 of 2004. The appeal preferred Md. Islam has been registered as Criminal Appeal No. 643 of 2004. (2) BRIEFLY stated the prosecution case is as follows :-On 9th November 2003 at about 6.20 P. M. on the northern side footpath of the crossing of Madan Mohan Barman street and College Street, the accused md. Raja purchased two kilograms of apples from the P. W. 7 Abbas. The accused gave the fruit-seller a one-hundred rupee note. The fruit-seller Abbas (P.W. 7) refused to accept the note on the ground that it appeared to be fake. The accused Md. Raja entered into an altercation. As a result a crowd collected near the fruit stall of Abbas (P.W. 7). P.W. 1 sub-Inspector Salil Kr. Roy along with another officer and constables, at the aforesaid time, were on patrol duty. P.W. 1 intervened. After ascertaining the facts and circumstances he searched the person of the accused Md. The accused Md. Raja entered into an altercation. As a result a crowd collected near the fruit stall of Abbas (P.W. 7). P.W. 1 sub-Inspector Salil Kr. Roy along with another officer and constables, at the aforesaid time, were on patrol duty. P.W. 1 intervened. After ascertaining the facts and circumstances he searched the person of the accused Md. Raja, after affording an opportunity to the accused to search the person of the P. W. 1. Upon search being conducted, 102 pieces of currency notes of Rs. 100/- denomination were found from the left side pocket of the trouser of the accused md. Raja. The notes appeared to the P. W. 1 to be forged. He seized the notes and took the accused in custody. On 11th November 2003 P. W. 5 sri Siddhartha Banerjee, a sub-inspector of police started interrogating the accused md. Raja at 11.30 P. M. During such interrogation the accused Md. Raja told him that his associate Md. Islam procured the counterfeit currency notes and he could lead the P. W. 5 to the house of the said Md. Islam. On that basis at 1. 00 A. M. on 12th November 2003 the P.W. 5 set out from the police station along with police force and arrested the said Md. Islam from his residence. On 14th November 2003 during interrogation by the Sub-Inspector sambhunath Ghosh (P. W. 8) the accused md. Islam disclosed that some counterfeit currency notes were lying at his residence and he could lead him to his residence where the counterfeit currency notes were lying. The accused Islam was accordingly taken to his residence by the P.W. 8. The accused brought out 19 pieces of Rs. 100/- denomination currency notes which were lying concealed below the gaddi of his cot. P. W. 8 seized the aforesaid notes. All the notes were sent for examination by the deputy Commissioner, Detective Department, Calcutta to the India Security press, Nasik. The notes were reported to be counterfeit. The reports have been marked exts, 6 and 7. (3) WE shall now examine the evidence on the record in order to satisfy ourselves that the prosecution has been able to prove its case against the appellants beyond any reasonable doubt. It may be pointed out that the appellant Md. Islam was enlarged on bail by an order dated 5th October 2004. The appellant Md. (3) WE shall now examine the evidence on the record in order to satisfy ourselves that the prosecution has been able to prove its case against the appellants beyond any reasonable doubt. It may be pointed out that the appellant Md. Islam was enlarged on bail by an order dated 5th October 2004. The appellant Md. Raja was granted interim bail on 22nd March, 2006 for a month on the ground of demise of his mother. He did not thereafter surrender. Warrant of arrest has been issued but he could not be arrested. Since both the appeals were listed we have appointed mr. S. G. Mukherjee, learned Advocate who had earlier appeared for the appellant Md. . Raja to represent him by way of legal aid. (4) P. W. 7 Md. Abbas, the fruit-seller deposed as follows: - "on 9.11.03 between 6 P. M. and 6.30 P.M. I was selling fruits at my fruits stall, then one person came to me and asked me to give 2 Kgs. of apples. Thereafter the said person gave me a 100 rupees note against the payment of the apple. After holding the said note I became suspicious and felt that said note is different from the original, i suspected the said note to be forged. Thereafter I returned the said Rs. 100/-note to that person and an altercation ensueded over that issue and many persons assembled there including one Md. Pappu. At that time one police van was crossing along the said road and then stopped their vehicle on seeing us. On being asked by one of the police officer I narrated the incident. On being asked the said person disclosed his name as Sk. Raju. Thereafter the said police officer asked me to witness the search and seizure to be conducted by him and in our presence he conducted search upon the said person and recovered 102 pcs. currency notes in four parts and we put our signatures on the first and last notes of each bundle. Md. Pappu, accd. Md. Raja and police officer also put their signatures thereon. " (5) P. W. 3 Md. Pappu also a fruit-seller deposed as follows :- "Md. Abbas also use to sale fruit besides me. On 9.11.03 between 6 P. M. and 7 P. M. I noticed an altercation between one person and said Md. Abbas. Md. Pappu, accd. Md. Raja and police officer also put their signatures thereon. " (5) P. W. 3 Md. Pappu also a fruit-seller deposed as follows :- "Md. Abbas also use to sale fruit besides me. On 9.11.03 between 6 P. M. and 7 P. M. I noticed an altercation between one person and said Md. Abbas. I came to know that the said person purchased 2 Kgs. apples from Md. Abbas and denied to take back the currency note of rs. 100/- which was suspected to be fake. (Objected to). Md. Abbas told me that he asked the said person to change the said currency note of Rs. 100/-and returned the same to the said person which he dented. Thereafter police came to the P.O. and Md. Abbas narrated all the entire incident to the police officer. Thereafter police conducted search upon the said person in our presence and recovered 102 Nos. of currency notes of Rs. 100/-denomination. Thereafter police separated the said currency notes in four separate bundles. I put my signature on the first and last currency notes of each bundle. The apprehended person and md. Abbas also put their signatures on the first and last currency notes of each bundles. " (6) P. W. 1 S. I Salil Kr. Roy deposed in this regard as follows :- On 9.11.03 I was attached to the same P. S. as S. I. of Police. On that date at about 17.15hrs. left the P.S. along with S. I. P. Banerjee, Constable Dipak Samwal, constable Kiran Ghosh tor the purpose of round duty by our official vehicle. In course of our round duty at about 6.30 P. M. while we were moving along Madan Mohan Burman Street, we found gathering on the northern side of Madan Mohan Burman Street near its crossing with College street. We stopped our vehicle to ascertain what happened there. Then one person came forward, who disclosed his name as Md. Abbas and stated that he is a resident of 9, Mitra lane, Calcutta-7. He also disclosed that he is a seller of fruits and drew my attention towards his wicker-basket (DALA) of fruits. Thereafter he pointed out a person who was standing by his side and stated that about 10 minutes before he came to him for purchasing apple and placed an order for 2 Kgs. apples. He gave 2 Kgs. He also disclosed that he is a seller of fruits and drew my attention towards his wicker-basket (DALA) of fruits. Thereafter he pointed out a person who was standing by his side and stated that about 10 minutes before he came to him for purchasing apple and placed an order for 2 Kgs. apples. He gave 2 Kgs. apples and against payment, the said person who was standing by his side, gave him one currency note of Rs. 100/- which was suspected to be forged. (Objected to). Thereafter he asked the said person to replace the said forged currency note and over that issue an altercation took place and at that time we reached the P.O. On being pointed out by Md. Abbas i asked the said person to disclose his identity to which he disclosed his name as Md. Raja resident of 24/ 85 Narkeldanga North Road, Calcutta. On being asked the said person confessed his guilt and stated that he handed over the forged currency note of Rs. 100/- to the seller of apple against payment. (Objected to). Thereafter I requested the persons who gathered there to witness the search and seizure to which md. Abbas and one Md. Pappu came forward to witness the search and seizure. Thereafter I asked the said person namely Md. Raja to search us prior to we search him but he declined. Thereafter I conducted search upon md. Raja and recovered 102 pcs. of currency notes of Rs. 100/-denomination, which he kept inside the left side pocket of his trouser. As the said 102 pcs. of currency notes appeared to be forged I divided the said currency notes in four parts and noted the serial numbers. Thereafter I obtained signatures of the said two witnesses and Md. Raju on the first and last currency notes of each bundle, and I also put my signatures on the said currency notes on the first and last notes of each bundle." (7) THE seizure list prepared by the P. W. I contains serial number of all the 102 pieces of Rs. 100/- denomination currency notes which were divided in four lots. The seizure list has duly been proved and has been marked ext. 1 (8) EACH of the aforesaid three witnesses in cross-examination remained unshaken. 102 pieces of rs. 100/- denomination currency notes were marked material Ext. 1 collectively. 100/- denomination currency notes which were divided in four lots. The seizure list has duly been proved and has been marked ext. 1 (8) EACH of the aforesaid three witnesses in cross-examination remained unshaken. 102 pieces of rs. 100/- denomination currency notes were marked material Ext. 1 collectively. 8 pieces out of the aforesaid 102 pieces of notes contain the signatures of the accused and the witnesses. (9) P.W. 5 Sub-Inspector Siddhartha Banerjee interrogated the accused Md. Raja and recorded his statement. Evidence of P. W. 5 in this regard is as follows :- "as per order of the then O.C. of jorasanko police station on 11.11.03 I recorded the statement of one arrested accd. Md. Raja @ Raju in connection with this case. He had stated before me that his associate namely Md. Islam @. Chattu use to procure the fake currency notes and he can lead us to his house (Objected to). " (10) BASED on the information received from the accused Md. Raja, P.W. 5 arrested the accused Md. Islam. His further evidence in this regard is as follows:-"on the basis of the statement of accd. Md. Raja with the permission of the then O. C. of Jorasanko P.S. I along with accd. Md. Raja and force went to 24/85, Narkeldanga North Road. Then says: - We went to 3/h/17, Raja Dinendra Street, Calcutta-9. accd. Md. Raja @ Raju identified the house of accd. Md. Islam, we entered into the house of md. Islam and found him inside his room and arrested him in connection with this case and served the copy of memo of arrest to one of his friend md. Basir who was present there. " (11) P. W. 8 Sub-Inspector sambhunath Ghosh interrogated the accused Md. Islam and on the basis of disclosure made by him 19 pieces of rs. 100/-denomination currency notes were seized from the bedroom of the accused Md. Islam lying concealed below the gaddi of his cot. His evidence in this regard is as follows :- "thereafter I interrogated the said accd. and he made a disclosure statement before me that some fake notes are kept in his residence and he can lead us to his residence wherein he kept the forged currency notes. I noted his disclosure statement in my case diary (Objected to). Thereafter I had been to premises no. and he made a disclosure statement before me that some fake notes are kept in his residence and he can lead us to his residence wherein he kept the forged currency notes. I noted his disclosure statement in my case diary (Objected to). Thereafter I had been to premises no. 3/h/i7, Raja Dinendra Street, caleutta-9 being led by accd. Md. Islam. After our arrival some local people gathered there and I requested them to witness the search and seizure to be conducted to which one nazir Ahmed and Md. Sahid agreed to my proposal. In their presence accd. entered inside his room of the said premises and brought 19 pcs. of forged currency notes of rs. 100/- which were kept concealed below gaddi of his cot. In presence of witnesses and the accd. person I seized the said forged currency notes under seizure list. Thereafter I obtained signatures of the accd. and the witnesses in the seizure list. This is the said seizure list written and signed by me. Seizure list is marked ext. 14/1. Thereafter I recorded the statements of the seizure witnesses under section 161, Cr. P. C. separated the seized currency notes in three parts containing 12 Nos. of currency notes of same numbers. 6 (six)pcs. of currency notes of another same series and single piece of currency note. Thereafter I kept the said three parts of currency notes in three separate envelopes and sealed and labeled the same and obtained signatures of the witnesses and the accd. persons thereon. I also put my signatures on the said labels. I also obtained signatures of the witnesses and the accd. person on the first currency note of each bundle. I also put my signature thereon. " (12) IT would appear from the evidence of P. W. 8 that 19 pieces of Rs. 100/-denomination currency notes were divided by him in three lots and kept in three packets. We already have noticed that the 102 pieces of 100 rupee notes. seized and recovered from the accused Md. Raja were kept in four packets. (13) P. W. 8 in his evidence also deposed that "seized 19 pieces currency notes were appeared to him as forged currency notes". Similarly in respect of the 102 pieces currency notes seized and recovered from the accused Md. seized and recovered from the accused Md. Raja were kept in four packets. (13) P. W. 8 in his evidence also deposed that "seized 19 pieces currency notes were appeared to him as forged currency notes". Similarly in respect of the 102 pieces currency notes seized and recovered from the accused Md. Raja (P. W. 1) deposed that "as the said 102 pieces of currency notes appear to be forged I divided the said currency notes in four parts and noted the serial numbers". We already have noticed the evidence of P. W. 7 wherein he deposed that the 100 rupee note given to him by the accused Md. Raja was somewhat different and did not appear to him to be original. (14) ALL the seven packets containing 121 pieces of Rs. 100/-denomination currency notes were sent by the Deputy Commissioner of Police. Detective Department, Calcutta to the General Manager. Currency Note Press, government of India, Nasik, under the cover of a letter dated 14th January 2004 indicating therein serial number of the notes contained in each of the packets for the purpose of examination by the expert and for a report thereon. The letter dated 14 January 2004 has been marked ext. 15. The India Security press reported that the 102 pieces of notes specifying the serial numbers of the first currency note which matches with the serial number appearing in the seizure list and the letter of the deputy Commissioner of Police, Detective department. Calcutta, were counterfeit notes. The report has been marked-ext-6. Similarly by another report, furnished by the same authority, the 19 notes indicating one serial number of the first currency note which matches with the seizure list and the serial numbers furnished in the letter of the D. C. D. D. which has been marked ext. 15 that the said notes were counterfeit. P. W. 2 Mr. Prasanta Kr. Sammadar, assistant Works Manager, Currency Notes press, Nasik has proved the report marked exts. 6 and 7. He has also identified the notes which were examined by him and were found counterfeit. In his cross-examination he was suggested on behalf. of the accused Md. Raja that in submitting the report he was biased. On behalf of Md. Islam he was suggested that in furnishing, the report he acted on surmise and hypothesis. Mr. 6 and 7. He has also identified the notes which were examined by him and were found counterfeit. In his cross-examination he was suggested on behalf. of the accused Md. Raja that in submitting the report he was biased. On behalf of Md. Islam he was suggested that in furnishing, the report he acted on surmise and hypothesis. Mr. Samaddar" (P. W. 2) in his deposition furnished the following further important information:-"after examination of the forged currency notes I came to conclusion that these referred suspected notes of rs. 100/- denomination are counterfeit notes. These notes have resemblance with the currency notes seized in Oshiwara Police Station, Mumbai, crime No. 463/2000. " (15) ON the basis of the evidence discussed above we are of the view that the prosecution has been able to establish beyond any reasonable doubt that both the appellants were found in possession of counterfeit notes of Rs. 100/-denomination. (16) P. W. 8 was suggested on behalf of the appellant Md. Islam that nothing was recovered or seized from 3/h/17, raja Dinendra Street, Calcutta-9 which he denied. He was also suggested, on behalf of the accused Md. Islam, that signature of the accused md. Islam was obtained on the seizure list and seized alamat under threat which he denied. He was further suggested that the 19 pieces of currency notes seized by him were produced in Court in one bundle. The suggestion reads as follows :- "it is true that today the seized 19 pieces currency notes, which were kept in an envelope, produce before me in a bundle. " the fact that it was produced in Court in one packet does not derogate from the fact that at the time of seizure they were kept in three packets. Thereafter the notes were sent to the Security Press. After examination notes were sent back and produced in Court. The seizure list contains the serial numbers of the notes seized and recovered. The ext. 15 by which the notes were forwarded to the Security Press also contains the serial numbers of the notes. The report of the Security Press also indicates the serial numbers of the notes. Therefore, there is no scope for any speculation whether the notes seized, examined and produced in Court are the same. The ext. 15 by which the notes were forwarded to the Security Press also contains the serial numbers of the notes. The report of the Security Press also indicates the serial numbers of the notes. Therefore, there is no scope for any speculation whether the notes seized, examined and produced in Court are the same. The suggestions discussed above lend further assurance to the Court that the prosecution has been able to prove beyond any reasonable doubt that both the accused persons were in possession of counterfeit notes. (17) NOW the first question which falls for determination is, whether the accused persons knew that the notes were counterfeit ? (18) IN the case of M. Mammuttiv. State of karnataka reported in (1979)4 SCC 723 Their Lordships laid down the following presumption :- "Mr, Nettar submitted that once the appellant is found in possession of counterfeit notes, he must be presumed to know that the notes are counterfeit. If the notes were of such a nature that mere look at them would convince anybody that it was counterfeit such a presumption could reasonably be drawn. " (19) WE already have noticed the evidence of P. W. 8 who deposed as regards the 19 notes seized from the accused Md. Islam as follows :- "seized 19 pcs. currency notes were appeared to me as forged currency notes. " (20) AS regards 102 notes P. W. I S. I. Salil Kr. Roy deposed as follows:- "as the said 102 pcs. of currency notes appeared to be forged I divided the said currency notes in four parts and noted the serial numbers." (21) P. W. 7 Abbas the fruit-seller deposed in this regard as follows:- "alter holding, the said notes I became suspicious and felt that said note is different from the original. I suspected the said note to be forged. " (22) APPLYING the law laid down by the Apex Court in the aforesaid case knowledge of the accused persons that the notes were fake can be presumed because a mere look at them convinced the P. Ws. 1 and 8 that they were counterfeit. The fruit-seller Abbas refused to accept the note given to him by the accused Md. Raja because it appeared to him different from the original. Neither of the accused persons in their respective examination under section 313, Cr. 1 and 8 that they were counterfeit. The fruit-seller Abbas refused to accept the note given to him by the accused Md. Raja because it appeared to him different from the original. Neither of the accused persons in their respective examination under section 313, Cr. P. C. deposed that they did not know that the notes were counterfeit. The following facts and circumstances lend further assurance to the Court that the accused persons knew very well that the notes were counterfeit. 1) 102 pieces of Rs. 100/- denomination notes were found from the left pocket of the accused md. Raja. Each of them was counterfeit. 2) No genuine currency note was found from his possession during, the search. 3) The fact that he purchased two kilograms of apples and offered a counterfeit 100 rupee note goes to establish that he wanted to ascertain the acceptability of the notes which to his knowledge were fake. 4) Illustration B to section 14 of the Evidence Act may also be pressed into service which reads as follows:- "a is accused of fraudulently delivering to another person a counterfeit coin, which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, a was possessed of a number of other pieces of counterfeit coin, is relevant." 5) The way the accused Md. Islam had kept 19 pieces of 100 rupee notes concealed below the gaddi of his cot betrays his guilt. When a person wants to conceal something unless otherwise explained, a reason for his doing so can safely be presumed. Reference in this regard may be made to the decision in the case of Manish v. Sfate of Raiasthan reported in (2001)1 SCC 596 wherein the following view was expressed :- "the entry found in the register kept at Sanjay Hotel can only show a circumstance that A-2 (Manish Dixit) has written in it the name "rakesh Chander Sharma " as the person who occupied a particular room in the hotel on 24.2.1994. Why did A-2 write such a name in the register on the said date which was the immediately following date of the murder of gulshan Makhija? He only knows why he wrote a different name. Why did A-2 write such a name in the register on the said date which was the immediately following date of the murder of gulshan Makhija? He only knows why he wrote a different name. In the absence of any explanation from him it is open to the Court to draw an inference that A2 (Manish Dixit) had some reasons to conceal his identity from the hotel people and hence he wrote a pseudonymous name in the register." Moreover conduct of a person can only be influenced by the nature of the article possessed by him provided he is aware of its nature. The accused Md. Islam kept the notes concealed because he knew that they were counterfeit and possession thereof was illegal. Guilty knowledge of the accused Islam is farther proved by the fact that he knew where were the counterfeit notes lying. (23) MR. M. K. Mukherjee, learned Advocate appearing for the appellant md. Islam submitted that the disclosure statement allegedly made by the appellant Md. Islam to the P. W. 8 has not been exhibited in this case. The fact that such a disclosure, made by the appellant md. Islam, was recorded in the case diary has not been disputed by him. The omission to exhibit the record made by the investigating officer does not in the least militate against the case of the prosecution. It is not the requirement of the law that such a statement must always be reduced to writing and that writing should also be exhibited. The essential requirements of section 27 of the Evidence Act and the effect thereof was held in the case of md. Inayatullahv. State of Maharashtra reported in AIR 1976 SC 483 as follows :- "although the interpretation and scope of Section 27 has been the subject of several authoritative pronouncements, its application to concrete cases is not always free from difficulty. It will therefore be worthwhile at the outset to have a short and swift glance at the section and be reminded of its requirements. The Section says : "provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information whether it amounts to a confession or not, as related distinctly to the fact thereby discovered may he proved. The Section says : "provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information whether it amounts to a confession or not, as related distinctly to the fact thereby discovered may he proved. " the expression "provided that" together with the phrase "whether it amounts to a confession or not" shows that the section is in the nature of an exception to the preceding provisions particularly Sections 25 and 26. It is not necessary in this case to consider if this section qualifies, to any extent, Section 24, also. It will be seen that the first condition necessary for bringing this section into operation is the discovery of a fact, albeit a relevant fact, in consequence of the information received from a person accused of an offence. The second is that the discovery of such fact must be deposed to. The third is that at the time of the receipt of the information the accused must be in police custody. The last but the most important condition is that only "so much of the information" as relates distinctly to the fact thereby discovered is admissible. The rest of the information has to be excluded. The word "distinctly" means "directly, indubitably" "strictly", "unmistakably". The word has been advisedly used to limit and define the scope of the proveable information. The phrase "distinctly" relates "to the fact thereby discovered" (sic) (and?) is the linchpin of the provision. This phrase refers to that part of the information supplied by the accused which is the direct and immediate cause of the discovery. The reason behind this partial lifting of the ban against confessions and statements made to the police, is that if a fact is actually discovered in consequence of information given by the accused, it affords some guarantee of truth of that part, and that part only, of the information which was the clear, immediate and proximate cause of the discovery. No such guarantee or assurance attaches to the rest of the statement which may be indirectly or remotely related to the fact discovered. No such guarantee or assurance attaches to the rest of the statement which may be indirectly or remotely related to the fact discovered. At one time it was held that the expression "fact discovered" in the section is restricted to a physical or material fact which can he perceived by the senses, and that it does not include a mental fact (see Sukhan v. Crown, ILR 10 Lah 283 = (AIR 1929 Lah 344) (FB); Gangu Chandra v. Emperor. ILR 56 Bom 172= (AIR 1932 Bom 286). Now if is fairly settled that the expression "fact discovered" includes not only the physical object produced; but also the place from which it is produced and the knowledge of the accused as to this (see Paluikuri Kotayya v. Emperor, 74 Indapp 65-(AIR 1947 PC 67,): (Udaibhan v. State of Uttar Pradesh, 1962 supp (2) SCR 830= ( AIR 1962 SC 1116 )." (24) THE second submission of Mr. Mukherjee was that the statement made by the accused Md. Raja to the-P. W. 5 that the accused Md. Islam procured these notes and he could lead the police to his house was a statement made by the accused during investigation and by itself cannot be used as a piece of evidence against either of the accused persons. On the basis of the information given by the accused md. Raja police discovered the residence of md. Islam and arrested him. Only so much of the information given by Md. Raja shall be admissible. (25) THE third submission was that the place of arrest of the accused md. Islam was wrongly recorded. He further pointed out that the recovery from the accused Md. Islam was made from within the jurisdiction of Narkeldanga police Station but. P. W. 8 admitted that, the Narkeldanga Police Station was not taken into confidence. These in our view are mere lapses on the part of the investigation and for that reason well-founded case of the prosecution cannot be thrown overboard. Mr. Mukherjee submitted that the P. W. 8 admitted in his examination that he had no document to show either that premises No. 3/h/ 17, Dinendra Street is the residential address of the accused Md. Islam or that the said house belonged to him. In our view these questions are not germane. The fact that he had access to that place is enough. (26) THE fourth submission made by Mr. Islam or that the said house belonged to him. In our view these questions are not germane. The fact that he had access to that place is enough. (26) THE fourth submission made by Mr. Mukherjee was that the G. 0. Entry showing arrest of Md. Islam has not been exhibited nor does the arrest memo concerning Md. Islam show the presence of Md. Raja. We are convinced that these are lapses of investigation and are not material for the purpose of deciding his guilt. (27) LASTLY Mr. Mukherjee relied on a division Bench judgment delivered by us in the case of Roney Dubeyv. State of west Bengal reported in (2008)1 cal HN 883 for the proposition that the prosecution is bound to prove that the accused knew that the currency note he possessed was counterfeit. This obligation of the prosecution has duly been discharged which we discussed above and need not repeat. (28) WE may point out although not argued that an intention to use the counterfeit currency or that the same may be used as genuine may be presumed in the facts and circumstances of this case. Reference in the regard may made to the judgments in the cases of public Prosecutor v. Rowthula Kondalrao reported in AIR 1939 Madras 96 and In re, satyanarayana reported in AIR 1961 AP213. (29) MR. S. G. Mukherjee, learned advocate appearing for the appellant md. Raja submitted that Ranjit Pathak who allegedly supplied stationery to the p. W. I for the purpose of seizing 102 pieces of currency notes recovered from the possession of the accused md. Raja has not been examined. It is true that he has not been examined. But the P.W. 8 deposed as follows:- "I sent Ranjit Pathak to the P. O. along with seizing materials, official seal etc. after obtaining verbal permission from the then O/c." (30) SECOND submission advanced by Mr. S. G. Mukherjee on behalf of the accused Md. Raja was that the investigating officer did not record the statement from any independent member of the public. The only one whose statement was recorded by the I. O. is P.W. 3 pappu who is also a fruit-seller. He submitted that both P. Ws. 3 and 7 are admittedly accused in a few cases of rioting etc. and criminal cases are pending against them. Therefore no reliance can be placed on their evidence. (31) MR. The only one whose statement was recorded by the I. O. is P.W. 3 pappu who is also a fruit-seller. He submitted that both P. Ws. 3 and 7 are admittedly accused in a few cases of rioting etc. and criminal cases are pending against them. Therefore no reliance can be placed on their evidence. (31) MR. Dastoor. learned Advocate appearing for the State submitted that the fact that a couple of cases are pending against the P. Ws. 3 and 7 which originated from the same police station goes to show that these persons namely P. Ws. 3 and 7 are the residents of that area. We are of the view that the mere fact that the P. Ws. 3 and 7 are accused in cases of assault and rioting does not go to show that the evidence given by them is false. Moreover the evidence given by them is well insulated by recovery of counterfeit notes and there is no reason why this court should view their evidence with any amount of suspicion. (32) THIRD submission made by Mr. S. G. Mukherjee was that the ext. 5 series being the envelope in which the notes were kept does not contain any case number. The envelopes contain the signature of the accused persons and that of the witnesses. There is, therefore, no reason to suspect that these envelopes may not have been connected with the present case. (33) LASTLY Mr. S. G. Mukherjee submitted that it appears from the evidence of P. W. 7 Abbas that the envelopes were sealed and labelled on the date of seizure but they were signed by the accused and the witnesses on the following day. Even assuming that this is true this at the highest is a lapse on the part of investigation and for that a well-founded case of the prosecution cannot be thrown away. (34) FOR the reasons discussed above we are of the view that the judgment of the learned Trial court holding both the accused persons guilty cannot be interfered with. We therefore confirm the judgment and the sentences passed by the learned Trial Court. The appeals, as such are dismissed. (35) THE accused/appellant md. Islam has been released on bail during the pendency of this appeal. His bail bond stands cancelled. Through his counsel he is directed to surrender before the learned Trial Court forthwith. We therefore confirm the judgment and the sentences passed by the learned Trial Court. The appeals, as such are dismissed. (35) THE accused/appellant md. Islam has been released on bail during the pendency of this appeal. His bail bond stands cancelled. Through his counsel he is directed to surrender before the learned Trial Court forthwith. The learned Trial Court is directed to remand the appellant to jail for serving out the remainder part of his sentences. (36) THE another accused/appellant Md. Raja @ Raju was granted interim bail on 22.3. 2006 for a month on the ground of demise of his mother during the pendency of this appeal. He did not thereafter surrender. Warrant of arrest has been issued and by an order dated 18.8.2006 passed by this court, the learned Chief Metropolitan Magistrate, Calcutta was directed to initiate proceeding under section 446 of the Cr. P. C. against the sureties in respect of this absconding appellant. Learned Chief Metropolitan Magistrate was also directed by this Court to pass appropriate order upon the police to execute the warrant of arrest with tmost expedition. (37) MUCH water has flown down the river in the mean time, but neither the absconding appellant Md. Raja @ Raju has surrendered nor has the police been able to arrest him. Through his Counsel he is again directed to surrender forthwith before the learned Trial Court to serve the remainder part of the sentences as awarded by the learned Trial Court. (38) THE learned Chief Metropolitan Magistrate. Calcutta is directed to report back about the fate of the proceeding initiated under Section 446 of the Cr. P. C. against the sureties in respect of the absconding accused/appellant md. Raja within a month to the concerned learned Trial Court and he shall thereafter monitor the matter and shall issue necessary directions. (39) ON failure to comply with the direction as aforesaid, the learned trial Court shall take appropriate legal action against both the appellants to secure their remand to jail tor serving out the remainder part of their sentences as awarded. (40) THE appellants shall get the benefit of set-off in terms of Section 428 of the Cr. P. C. out of the period of imprisonment already undergone. (41) LOWER Court Records with a copy of this judgment to go down forthwith to the learned Trial Court i. e. learned Additional Sessions Judge. (40) THE appellants shall get the benefit of set-off in terms of Section 428 of the Cr. P. C. out of the period of imprisonment already undergone. (41) LOWER Court Records with a copy of this judgment to go down forthwith to the learned Trial Court i. e. learned Additional Sessions Judge. 5th fast Track Court, Bichar Bhavan, calcutta for compliance. Compliance report be submitted within two months. Send a copy of this judgment to the learned chief Metropolitan Magistrate. Calcutta for information and necessary action. (42) COMPLIANCE report by the learned chief Metropolitan Magistrate, Calcutta be submitted within two months through learned Trial Court i. e. Additional Sessions Judge, 5, Fast Track Court, bichar Bhavan. Calcutta.