JUDGMENT : 1. All the 3 appeals are filed by three appellants as against the judgment of conviction passed in S.C No.696 of 2003 on the file of the learned Additional District Sessions Judge (F.T.C.No. IV), Periyakulam, Theni District, dated 20.12.2006. At the conclusion of the trial, the learned trial Court found all the Appellants/Accused were guilty for the offence under sections 489 (B) and (C) of IPC, accordingly, 6 years of Rigorous Imprisonment was imposed for the offence under Section 489(B) of IPC and also imposed fine for a sum of Rs.10,000/- in default to undergo 6 months of Rigorous Imprisonment. Further, the learned trial Court also passed the similar sentences for offence under Section 489(C) of IPC as against all the accused. 2. As for as the Crl.A(MD)No.50 of 2007 is concerned, it is filed by the 1st accused, Crl.A(MD)No.178 of 2007 is filed by the 3rd accused and Crl.A(MD)No.198 of 2007 is filed by the 2nd accused. 3. The case of the prosecution is that on 18.10.2000 at about 10.30 a.m., these 3 appellants attempted to transact the 100 rupees counterfeit currency with a canteen in front of Vasanth Theatre, Palanichettipatti in Theni District. PW-1 namely one Pandian, a Head Constable attached with Palanicettiatti Police Station, on information along with Head Constables 259 and 172 and Sub-Inspector of Police Mamani and Village Administrative Officer and his Assistant went to Vasanth Theatre canteen, found that these appellants/accused attempted to transact the counterfeit currency. Further, when the appellants/accused were enquired, they informed that they possessed 100 rupees currency (2 notes) each. The counterfeit currencies were recovered under Ex-P.1 and all the accused were brought to the police station and Ex- P.2 FIR was registered. Subsequently, Pw-6 took the investigation and recorded the statements of witnesses. After the completion of investigation, on 13.01.2001, charge sheet was filed for the offence under Sections 489(B) and (C). Subsequently, after the completion of all other legal formalities, the case was committed by the learned Judicial Magistrate, Periyakulam to the file of the Principal District and Sessions Judge, Theni and the same was taken on file as S.C.No.696 of 2003, which was made over to the file of the trial Court. 4. Subsequently, after the completion of all other legal formalities, the case was committed by the learned Judicial Magistrate, Periyakulam to the file of the Principal District and Sessions Judge, Theni and the same was taken on file as S.C.No.696 of 2003, which was made over to the file of the trial Court. 4. The learned respective Counsels for the appellants would submit that the learned trial Court has failed to consider the important point that the instant case PW-4, the Sub-Inspector of Police acted as informant and who completed the major portion of investigation. As an interested witness, the act of PW-4 was completely biased which is impermissible in law. It is the further contention of the learned counsels that as for as the case registered for the alleged possession of counterfeit currency, the Investigation Officer has to follow the procedure as prescribed under Order 578 (b) and (c) of Police Standing Orders. The said provisions would stipulate that in pursuance of the registration of the case in such a nature, a special report should be sent to the District Collector, Deputy Inspector General of Police, Currency Officer New Delhi and the Superintendent of Police concerned without any delay. However, in the instant case no such report was sent which would create serious doubt and the same would affect the root of the prosecution case. Apart from that none of the canteen employee, where allegedly the counterfeit currency was attempted to transact was examined. At the same time, it is unbelievable that all the 3 appellants/accused attempted to transact the alleged counterfeit currencies at the same time. Moreover, it is the further contention of the learned counsels for the appellants that the material contradictions in between PWs-1 to 4 were also not considered. Further, the recovery was also not properly proved. Therefore, he prays for the benefit of doubt and to allow the appeal. 5. Per contra, the learned Government Advocate (Criminal side) would submit that the possession of counterfeit currency is a heinous social crime which would deeply affect the entire nation. Apart from that there is no necessity for the prosecution witnesses to implicate these appellants for the alleged charges. He has also pointed out that no suggestion was put forth by the appellants/accused before the trial Court that the case was lodged followed by previous motive. Apart from that there is no necessity for the prosecution witnesses to implicate these appellants for the alleged charges. He has also pointed out that no suggestion was put forth by the appellants/accused before the trial Court that the case was lodged followed by previous motive. In addition to the arguments advanced as recorded earlier, the learned Government Advocate (Criminal side) would also submit that the evidence of the prosecution witnesses is absolutely intact and based on the same the trial Court recorded its conviction which needs no interference and he prays for the dismissal of the appeals. 6. I heard Mr.J.Sulthan Basha for M/s.Ajmal Associates and Mr.R.Venkateswaran, learned counsel for the appellants in Crl.A.(MD)Nos.50 and 198 of 2007, Mr.B.Chandra Mohan, learned counsel for the appellant in Crl.A.(MD)No.178 of 2007 and Mr.R.Prabhu Ramachandran, learned Government Advocate (Criminal side) for the respondent in all the appeals and perused the entire materials available on record. 7. It is the main contention of the learned counsel for the appellants that as soon as the recovery of the counterfeit currencies, the police ought to have followed the procedures as contemplated under order 578 of Police Standing Orders. PSO 578. Forged Currency Notes. Under the Currency Department Code, forged currency notes received into treasuries and banks are sent to the Police Station in the jurisdiction of which the treasury or bank is situated for enquiry. On receipt of the report from the treasury or bank, the station House Officer will straight away proceed to register a case in the first instance irrespective of its denomination and investigate. It is not desirable to waste time over investigations which are not likely to produce results and it is better to concentrate on cases which give hope of success. If an investigation does not offer any prospect of any clue, it may be closed in the first week or two instead of being continued indefinitely. The same principle should be followed in case in which the appearance of forged notes is reported direct to the Police Station by a member of the public. If an investigation does not offer any prospect of any clue, it may be closed in the first week or two instead of being continued indefinitely. The same principle should be followed in case in which the appearance of forged notes is reported direct to the Police Station by a member of the public. In every instance Superintendents of Police, Superintendent, Railway Police and the Commissioner of Police, Madras City should in addition to sending a special report of the Criminal Investigation Department as required in Order No.501, send a report direct to the Currency Office, Reserve Bank of India, Madras, immediately on the appearance of the forged note, whether the forgery be new or old, in the form now sent to the Criminal Investigation Department. The report should contain full particulars regarding the series and general number denomination of the notes, date of appearance, place of detection with the crime number, Police Station and District, particulars of tenderer and whether the note has been forwarded to the Master, India Security Press, Nasik, for opinion and remarks, if any. The note seized should be sent to the Currency Officer, Reserve Bank of India, Madras, along with a report except when the note is required for investigation in which case the note should be forwarded to the Currency Officer, after the investigation is over, quoting the number and date of the original report sent to him. Great care must be paid to the preservation of the forged note and if any loss is reported the face value of the forged note will be recovered from the concerned by the Reserve Bank of India. 8. Further the perusal of the evidence of the prosecution would show that on information, PW-1 along with some police personnels went to the place of the alleged occurrence. But there is no evidence by whom the information was received and the same was recorded. Apart from that it can easily be visualized that though the police personnels immediately went to the place of the alleged occurrence, the same would have consumed at least 15 minutes. However, the evidence of the prosecution would further show that the Village Administrative Officer and his Assistant were also taken to the place of occurrence. That would also consume case then 10 minutes. However, the evidence of the prosecution would further show that the Village Administrative Officer and his Assistant were also taken to the place of occurrence. That would also consume case then 10 minutes. At the same time it is the case that when the police personnels went to the place of occurrence the accused attempted to transact the counterfeit currency in the canteen to get tea-token. No person who is head over shoulder would believe that the occurrence would have taken place in such a manner that is a person attempting to transact the counterfeit currency for more than half an hour, here in this case that too by 3 persons. At the same time, the disturbed factor upon the mind of the Court is that to whom the accused attempted to transact the currency is not only been examined, but not even been identified. Further, the possession of the counterfeit currency is different from attempting to transact the same. Moreover, the case of the prosecution is totally standing on the evidence of police personnels, Village Administrative Officer and his Assistant. None of them have stated that they attempted to bring some individuals to stand as witness either for recovery or for the recording of confessional statement. 9. This Court is very conscious that the appraisal of the fact of the case in the appeal stage is continuation of trial proceeding. So, evidence of the case can be reassessed and re-appreciated by considering the circumstances of the case. The manner in which the occurrence is said to have taken place does not inspire confidence in the mind of the Court. Though the offence involved in this case is the heinous social crime, but the investigation is not properly conducted in comparing with the seriousness of the case. The non-examination of the person to whom the counterfeit currency was attempted to transact would defiantly affect the root of the case. Therefore this Court is having no option other than to hold that the points raised in the appeal are having legal force to allow the appeal. 10. Therefore, from the foregoing discussions, this Court needs to interfere in the judgment of the learned trial Court as the conviction rendered against the appellant is totally unsustainable and this Court is constrained to allow all the above three appeals. Accordingly the appeals are allowed. 10. Therefore, from the foregoing discussions, this Court needs to interfere in the judgment of the learned trial Court as the conviction rendered against the appellant is totally unsustainable and this Court is constrained to allow all the above three appeals. Accordingly the appeals are allowed. The bail bonds if any executed by the appellants shall stand cancelled and the fine amount if any paid by the appellants shall refund to them. Consequently, connected miscellaneous petitions are closed.