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2016 DIGILAW 606 (CAL)

Narendra Prasad v. The State of West Bengal

2016-08-03

SIDDHARTHA CHATTOPADHYAY

body2016
JUDGMENT : Siddhartha Chattopadhyay, J. 1. Having lost the legal battle before the learned Trial Court, the convict/appellant preferred this appeal challenging the judgment dated 07.01.2014 and order of conviction dated 08.01.2014 passed by the Additional Sessions Judge, Fast Track 3rd Court, at Malda in S.T. 12 of 2013. 2. Scenario of the case has to have narration. On 30.11.2012, on the basis of a source information members of the raiding party went to Laxmipur Kata Bandh under Baishnabnagar P.S. as per order of I.C. Baishnabnagar P.S. and reached to the spot at or about 13:25 P.M. There was positive information that there transportation of huge amount of Fake Indian Currency Notes might take place through that place. In course of duty at 15:55 hours the said source noticed that two persons were coming from Mondai side on foot in a suspicious manner and both of them were carrying a shoulder bag on their backs. The members of the police personnel became alert and encircled them and after disclosing their identity detained them there. They also called two local passers-by. On being asked, the said detainee disclosed their identity. After observing all formalities the police recovered three hundred pieces of Fake Indian Currency Notes of denomination of Rs. 1000/- each and that was carried by Vijoy Kumar. Fake Indian Currency Notes about three hundred, denomination of Rs. 500/- each were also recovered from Narendra Prasad, who claimed to be a resident of Bangalore Rural, Karnataka. Members of the police personnel also recovered Black Berry mobile set fitted with Airtel Sim card and also another mobile set fitted with two Sim cards of Idea from the pocket of the accused Narendra Prasad. Members of the raiding party recovered two railway tickets which speaks that they have boarded in the train from Yesvantpur Jn. and reached at Howrah. Bus tickets were also recovered. On interrogation they admitted that they procured Fake Indian Currency Notes from Mondai to use the same as genuine at different places of Bangalore and Karnataka for their wrongful gain. Accordingly, members of the raiding party arrested them and after seizure they were brought to the local police station, where the formal F.I.R. was lodged by P.S.I. Bitul Pal. In this way, law was set into motion. 3. After the registration of F.I.R., the Investigation Officer has taken up investigation. Accordingly, members of the raiding party arrested them and after seizure they were brought to the local police station, where the formal F.I.R. was lodged by P.S.I. Bitul Pal. In this way, law was set into motion. 3. After the registration of F.I.R., the Investigation Officer has taken up investigation. In course of investigation, the said officer has recorded statement of the witnesses under Section 161 of Cr.P.C. collected the seized articles and sent the same to R.B.I. Salbani Mudran Limited, for their opinion. After getting opinion from Salbani Mudran Limited the Investigating Officer has submitted charge-sheet under Section 489B and 489C of the Indian Penal Code. 4. The defence case as it appears to me from the trend of cross-examination and examination of the accused under Section 313 of the Cr.P.C. is his innocence and that he has been falsely implicated. 5. It appears from the L.C.R. that the learned Trial Court has framed the charges under Section 489B/489C of Indian Penal Code against the appellant Narendra Prasad and the said charge was read over and explained to him, to which he pleaded not guilty and claimed to be tried. It is pertinent to mention that another accused Bijoy Kumar took the plea of juvenile in conflict with law and after ascertaining his age learned Trial Court came to the finding that the said Bijoy Kumar is juvenile in conflict with law and so he was being tried by the Juvenile Justice Board after splitting up the record. 6. In course of trial learned Trial Court has recorded the evidence of prosecution witnesses, examined this appellant under Section 313 of Cr.P.C. and on completion of trial passed the judgment holding the accused Narendra Kumar as guilty. 7. At the time of argument learned Counsel appearing on behalf of the appellant contended that the learned Trial Court failed to appreciate the evidence of prosecution witnesses, which according to him is admixture of half-truth and untruth. His main attack was on the manner of preparation of seizure list. He argued that seizure list was not prepared in terms of law and practically nothing was recovered from the appellant. He also contended that there is no signature appeared in the alleged Fake Indian Currency Notes, which goes to show that nothing was recovered from this appellant. 8. In the interest of effective adjudication we should now listen to the witnesses. He also contended that there is no signature appeared in the alleged Fake Indian Currency Notes, which goes to show that nothing was recovered from this appellant. 8. In the interest of effective adjudication we should now listen to the witnesses. P.W. 1 is one of the members of the raiding party. In course of his evidence he has categorically stated that on the relevant day and time he was there along with the members of the raiding party and in his presence Fake Indian Currency Notes were recovered. He is one of the signatories of the seizure list and label. From his deposition, it transpires that he has supported the prosecution witnesses in its letter and spirit. In course of cross-examination he was asked to mention the name of the vehicle by which he had travelled. It is true that he could not remember the vehicle number. Referring his such evidence learned Counsel appearing on behalf of the petitioner had submitted that had there been any such incident obviously this witness could have mentioned the number of the vehicles. In my view, this argument is devoid of any merit on the ground that he along with others went there by a public vehicle. His evidence was recorded nearly after nine months from the date of incident. Therefore, non-mentioning of vehicle number in course of evidence is not fatal. Other parts of his cross-examination were the form of denial which he responded accordingly. 9. P.W. 2, is also one of the members of the reading party. He has also corroborated prosecution case. He is also one of the signatories of seizure list. He identified Fake Currency Notes which was kept in a sealed packet and that was marked MAT Ext. (ii) In spite of best endeavour the defence could not shake his evidence in any manner. 10. P.W. 3, corroborated the prosecution story almost in the same tone and tune. He is also one of the members of the raiding party. In course of cross examination, he was asked whether seized notes bear any signature or not. It is not necessary that every currency notes shall bear the signature of the members of the raiding party. He also could not say the numbers of the Fake Indian Currency Notes appeared in the seizure list. A man of ordinary prudence cannot give details of currency notes numbers which were seized. It is not necessary that every currency notes shall bear the signature of the members of the raiding party. He also could not say the numbers of the Fake Indian Currency Notes appeared in the seizure list. A man of ordinary prudence cannot give details of currency notes numbers which were seized. In all there were about six hundred Fake Indian Currency Notes were recovered and it is not at all possible to recollect numbers of all the currency notes. In course of cross-examination, he further stated that seized notes does not bear his signature. There is no provision that signature has to be obtained in all the Fake Indian Currency Notes. His evidence also stands because defence could not demolish his evidence. 11. P.W. 4, has supported the prosecution case in toto and in cross-examination, he has categorically stated that mobile phone, two railway tickets were recovered. He did not handover the command certificate (cc) to the Investigation Officer. It is not essential that the Investigating Officer shall collect command certificate and it is the duty of a police personnel to deliver command certificate to the Investigating Officer. 12. P.W. 5 is also a member of the raiding party he has corroborated prosecution case and also stated in detail as to how search and seizure were prepared. He has also stated that mobile phone, two railway tickets etc. were also recovered. In cross-examination he admitted that in the front page of the seizure list there is no signature of the accused but the signature of the accused appears in the second page of the seizure list. In my view, this is not so fatal which goes to the root of prosecution case. 13. P.W. 6, is a witness, in whose presence Fake Indian Currency Notes were recovered. 14. P.W. 7 and 8 are the local witnesses in whose presence seizure was done. There is no substantial variations or contradictions in their evidence in cross-examination. 15. P.W. 9, is the Investigating Officer. In his examination in chief he has narrated as to how he had carried on the investigation. In cross-examination, no substantial questions were put to him. 16. At the time of argument learned Counsel appearing on behalf of the appellant contended that only police personnels, who were highly interested, had deposed in this case and that so called local witness are the stock witnesses. In cross-examination, no substantial questions were put to him. 16. At the time of argument learned Counsel appearing on behalf of the appellant contended that only police personnels, who were highly interested, had deposed in this case and that so called local witness are the stock witnesses. So no reliance can be placed upon their testimony. Evidence of police personnel has to be rejected is a dangerous proposition. Presence of independent witness is required as a rule of caution. Simply because they are the police witnesses, so their evidence has to be struck down is not the dictum of the law. Offence of Fake Indian Currency Notes and Narcotic are too some extent distinct from other offences. Local witnesses normally are reluctant to come in aid of police. Naturally, the passers-by who were passing through that road, were chosen by the police with whom the accused appellant neither has any enmity nor friendship with the police. This apart, this appellant is an inhabitant of Bangalore, Karnataka. Therefore, implication of this accused without any reason has no leg to stand. It appears that P.W. 7 and 8 were present. They are eventually and actually the per chances witnesses. Therefore, it cannot be said that the police has produced them as a stock witness. In such circumstances, I am of the view that the learned Trial Court has come to a correct finding by holding this appellant as guilty. 17. It has also been argued by the learned Counsel appearing on behalf of the appellant that there is no evidence or ingredients of Section 489B of the India Penal Code. I am in respectful disagreement with him on the ground that Section 489B of the Indian Penal Code also relates to trafficking of Fake Indian Currency Notes. This accused appellant has come from a far place i.e. from Bengaluru to the District of Malda and train tickets available in his pocket also reflects that. Before conviction was given to him learned Trial Judge has heard the convict on the point of sentence and at that time he submitted that his wife at present is at Bangalore and his son is at present at Malda. Yet she is unable to come to meet him. He added that no one came from his native place to meet him. It was the duty of the appellant to explain why he had come. Yet she is unable to come to meet him. He added that no one came from his native place to meet him. It was the duty of the appellant to explain why he had come. It was also his duty to show how could he get that Fake Indian Currency Notes. It was his duty under Section 106 of the Evidence Act to disclose as to how he got the currency notes. Therefore, it is a clear case of trafficking of Fake Indian Currency Notes. Recovery of huge currency notes from his possession itself speaks that ingredients of Section 489B/489C of the Indian Penal Code is there. Therefore, learned Court below quite rightly held him guilty under the aforesaid sections. Lastly learned Counsel appearing on behalf of the appellant argued that his sentence may be reduced to some extent and he is in custody for more than four years. Learned Counsel appearing on behalf of the state seriously opposed this, on the ground that in such type of offence no leniency can be given. It is perhaps needless to say that this type of offence damages the backbone of Indian economy. Sometime these offenders are also getting them involved in terrorists activities and smuggling of narcotic drugs. Therefore, question of leniency does not arise at all. 18. The District of Malda is famous for cultivation of mangoes and fruit processing industries. But nowadays Malda District has become den of Fake Indian Currency Notes traffickers and acknowledged by the country with an extreme annihilation and it has become infamous for Fake Indian Currency Notes. It is expected that district administration will rise to the occasion to accept the challenge of such type of activities. Certainly judiciary will take care of them. 19. Therefore, I find no the merit in this appeal and accordingly it is dismissed. 20. Let a copy of this judgment and LCR be sent to the learned Court below for information and taking necessary action and to proceed with the case in accordance with law. 21. Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.