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2014 DIGILAW 453 (CHH)

Nityanand v. State of Chhattisgarh

2014-12-11

SANJAY K.AGRAWAL

body2014
ORDER Sanjay K. Agrawal, J. 1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No. 20/2014 registered at Police Station Dongripali, District Raigarh, for the offence punishable under Section 489-B of the IPC. Case of the prosecution, in brief, is that present applicants came to liquor shop of complainant Ashok Sonkar and after purchasing liquor, gave one currency of Rs. 1,000/- which was found fake and on that basis, Ashok Sonkar lodged a report with said police station against the applicants and after investigation, both the applicants were arrested. 2. Learned counsel for the applicants submits that mens rea i.e. knowing or having reason to believe the currency notes or banknotes are forged or counterfeit, is necessary to constitute offence under Section 498-B of IPC. He would further submit that applicant No. 1 was having, no knowledge that alleged currency note of Rs. 10000/- was forged or fake and there is no allegation against the applicant No. 2 and in absence of mens rea no offence under Section 489-B of IPC is made out, they have been arrested on 19.11.2014, and as such, the applicants be released on regular bail. 3. On the other hand, learned counsel for the State opposes the bail application and would submit that forged currency of Rs. 1000/- has been seized from the applicant No. 1 and therefore, they are not entitled to be released on bail. 4. I have heard the counsel appearing for the parties and perused the case diary. 5. At this stage, it would be appropriate to quote Sections 489-B and 489-C which reads as under: "489-B. Using as genuine, forged or counterfeit currency notes or banknotes.--Whoever sells to, or buys or receives from, any other person or otherwise traffics in of uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with [imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 489-C. Possession of forged or counterfeit currency notes or banknotes.--Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both." 6. A plain and careful perusal of Section 489-B would show that mens rea of the offence under Section 489-B is knowing or having reason to believe the currency-notes or bank-notes are forged or counterfeit would be necessary and without the afore-mentioned mens rea selling, buying or receiving from another person or otherwise trafficking in or using as genuine forged or counterfeit currency-notes or bank notes, is not enough to constitute offence under Section 489-B of I.P.C. 7. The Supreme Court in case of Umashanker Vs. State of Chhattisgarh 2001 (9) SCC 642 , while considering the provisions contained in Section 489-A to 489-E has held that the object of the legislature in enacting these provisions is not only to protect the economy of the country but also to provide adequate protection of currency-notes and bank-notes, and held as under: "Sections 489-A to 489-E deal with various economic offences in respect of forged or counterfeit currency-note or bank-notes. The object of Legislature in enacting these provisions is not only to protect the economy of the country but also to provide adequate protection to currency-notes and bank-notes. The currency-notes are, inspite of growing accustomedness to the credit cards system, still the backbone of the commercial transactions by multitudes in our country. But these provisions are not meant to punish unwary possessors or users." 8. Their Lordships in above case has also clearly held that mens rea is necessary to constitute offence under Section 489-A to 489-E of IPC and mere possession or even intending to use any forged or counterfeit currency notes or banknotes is not sufficient to make out a case under Section 489-C in the absence of mens rea, and held as under: "A perusal of the provisions, extracted above, shows that mens rea of offences under Sections 489-Band 489-C is, "knowing or having reason to believe the currency-notes or bank notes are forged or counterfeit". Without the afore-mentioned mens rea selling, buying or receiving from another person or otherwise trafficking in or using as genuine forged or counterfeit currency-notes or bank-notes, is not enough to constitute offence under Section 489-B of I.P.C. So also possessing or even intending to use any forged or counterfeit currency-notes or bank-notes is not sufficient to make out a case under Section 489-C in the absence of the mens rea, noted above. No material is brought on record by the prosecution to show that the appellant had the requisite mens rea....." 9. Taking into consideration the principle of law laid down by the Supreme Court in case of Umashanker 2001 (9) SCC 642 , (Supra) and taking into consideration the fact that till date no material is available on record that applicant No. 1 was using fake currency notes of one thousand rupees knowing it to be forged, and further considering the fact that applicants are in detention since 19.11.2014, this Court is of the opinion that present is the fit case, in which, the applicants should be enlarged on regular bail. 10. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. 11. It is directed that applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Court for their appearance as and when directed. Certified copy today.