JUDGMENT : Vinod Chatterji Koul, J. 1. The instant Criminal Acquittal Appeal has been filed against the judgment dated 27.08.2018 passed by Ld. Principal Sessions Judge, Rajouri, (for brevity 'trial Court') whereby the respondents have been acquitted of the charges under sections 489-C, 489-D r/w 120-B RPC in FIR No. 496/2006 of Police Station Rajouri. 2. The Judgment of the trial Court is assailed on the grounds that the same is against the law and facts of the case and there is sufficient material on record to convict the respondents, but the trial Court has not appreciated the law and facts of the case which resulted into acquittal of the respondents. The prosecution had established the case against the respondents by adducing documentary as well as oral evidence which in ordinary course of nature is sufficient to prove the guilt of the respondents, however, the trial court has failed to appreciate the same in its true perspective. The important pieces of evidence have been ignored and the judgment is based on surmises and conjectures. The conclusion drawn is against the weightage of evidence adduced by the prosecution. The trial court has taken hyper technical approach and the evidence on record has sufficiently proved the guilt of the respondents. 3. The prosecution case in brief is that 20.11.2006, when police party of P/S Rajouri headed by of PW-1 Inspector Shoket Ali, PW-15 Gulher Singh SI, PW-3 Mohd. Azad, PW-2 Khan Mohd., PW-4 Mushtaq Mirza, PW-5 Ghulam Mujtaba, PW-8 Mohanj Singh, PW-7 Neeraj Kumar, PW-6 Nissar Hussain and MPW-9 Mohd. Taj were on patrol duty in and around Gujjar Mandi they received an information from reliable source that A-2 Wasim Shah, A-3 Rajan Singh and Sultan Anjum S/o Mohd. Aslam are roaming in suspicious condition and are in possession of currency notes and are trafficking fake currency. On receipt of this information, police party reached at Kheora Road and spotted them who on seeing the police party tried to escape from the spot but they were chased but only A-2 Wasim Shah was caught whereas rest of the two persons succeeded in fleeing from the spot and from his personal search 14 fake currency notes of Rs. 500/ 500 denomination, comprising of Rs.
500/ 500 denomination, comprising of Rs. 7000/- was recovered, which were seized on the spot and docket EXTP-1/1 was dispatched to P/S Rajouri, whereupon FIR No. 496/2006 for offences under section 489-C RPC was registered and investigation was entrusted to PW-15, Gulher Singh SI. 4. The investigating officer proceeded on the spot and prepared site plan and during investigation A-3 Rajan Singh and A-4 Gagan Chadda were apprehended and from their search 27 and 2 fake currency notes of Rs. 500 denomination were seized and on their disclosure A-1 Ravi Kumar and A-5 Sanjeev Kumar were arrested and from their search fake currency notes of Rs. 20,000/- and Rs. 4500/- each of Rs. 500 denomination were recovered and seized. On the interrogation of the accused they disclosed that A-1 Ravi Kumar makes fake currency notes with the help of printer-scanner and deceitfully sell the same to the innocent people through A-2 to A-5 respectively. 5. Further case of the prosecution is that the seized currency notes were sent to FSL Jammu and the same were found forged-counterfeit currency notes. 6. On completion of the investigation final charge sheet for the commission of offences under sections 489-C, 489-D r/w 120-B RPC was presented before Ld. Chief Judicial Magistrate, Rajouri on 28.05.2008, who committed the same to Principal Sessions Judge, Rajouri who framed the charges for the commission of offences under sections 489-C, 489-D r/w 120-B RPC against the accused persons vide order dated 23.09.2008. 7. The prosecution in order to prove the charges against the accused persons examined all the 17 witnesses cited in the challan and after completion of the prosecution evidence the statements of the accused under section 342 Cr.P.C. were recorded but they did not lead any evidence in defence. 8. The Ld. Trial Court after hearing the arguments of both the sides and on the basis of the evidence on record acquitted the accused persons of the charges leveled against them and dismissed the challan. The operative part of the Judgment of the trial court is reproduced as under : "In the penultimate, it is held that prosecution failed to prove the material object, i.e. alleged counterfeit currency notes, possession thereof and as to whether accused knew or had a reason to believe that the notes were counterfeited. Prosecution also failed to prove the alleged printer-scanner intended to be used for counterfeiting the currency notes.
Prosecution also failed to prove the alleged printer-scanner intended to be used for counterfeiting the currency notes. The very foundation of the prosecution story is badly shaken and is corroded, in that search, seizure, sealing, preparation of seizure memo and safe custody of alleged currency notes is not proved by the prosecution beyond reasonable doubt. Above all despite independent witnesses were available but those witnesses were not associated for unexplained reasons which casts doubt on the prosecution story from beginning to end and constrains the prudent mind to stand for the liberty of the accused persons. As a sequel to the discussion made and reasoning given in support thereof, it is held that prosecution failed to bring home the charges against accused persons beyond all reasonable doubt. Therefore, prosecution case fails, accordingly police challan is dismissed and A-1 and A-5 are acquitted of the charges and relieved of their bail bond. Let printer-scanner be released in favour of their respective owners and rest of the seized property be destroyed after appeal period is over. The file after due compilation be consigned to records. 9. I have heard the Ld. Counsel for the parties and perused the material on record. 10. In order to find out as to whether there is enough evidence on record which warrants the conviction and sentence of the respondent/accused for the commission of offence or the prosecution has failed to prove the case against the respondents/accused beyond all shadow of doubt, it will be appropriate to give a brief resume of the prosecution evidence available on record. PW-1, Inspector Shoket Ali Malik, deposed that he along with police party were on patrol duty in Rajouri Town and received an information that A-2 Wasim Shah, A-3 Rajan Singh and another person whose name he does not remember are strolling and trafficking in counterfeit currency notes at Kheora Road in suspicious condition and when he along with police party reached at Kheora only A-2 Wasim Shah was apprehended whereas other two persons flee from the spot. During search of A-2 Wasim Shah, 14 counterfeit currency notes of Rs. 500 denomination comprising of Rs. 7000/- were recovered and seizure memo was prepared on spot and docket was sent to P/S Rajouri through PW-8 Mohan Singh for registration of FIR. The witness has identified his signatures on EXPW-MA and also testified docket EXT-P-1/1.
During search of A-2 Wasim Shah, 14 counterfeit currency notes of Rs. 500 denomination comprising of Rs. 7000/- were recovered and seizure memo was prepared on spot and docket was sent to P/S Rajouri through PW-8 Mohan Singh for registration of FIR. The witness has identified his signatures on EXPW-MA and also testified docket EXT-P-1/1. Upon cross-examination the witness stated that he prepared the docket and seizure was made before preparation of docket, however, at the time of seizure FIR was not registered. In EXPW-MA, FIR number is mentioned but he does not remember who prepared the seizure memo. The seized currency notes were not sealed on spot but same remained in his possession from the place of occurrence till reaching to Police Station. There is neither any mention in EXPW-MA that currency notes were recovered from the personal search of A-2 Wasim Shah nor that recovery is made from the pocket of A-2. Those currency notes were not sealed by Investigating Officer in his presence. PW-2 Khan Mohd. has deposed that he was on duty with SHO at Gujjar Mandi when SHO asked them to proceed towards Kheora where some suspects are present and they are to be arrested and when they reached at Kheora at 1700 hours three persons started running on seeing the police but A-2 was apprehended and from his search 14 currency notes of Rs. 500/- denomination were recovered which looked like counterfeit currency notes, which were seized on spot. Investigation was entrusted to him but his involvement was not found in the case. Upon cross examination stated that on the day of occurrence they proceeded along with SHO from Police Station at 4 O'clock. It is correct that there are number of houses and shops situated at Kheora and there was vehicular movement and the shops were open. From the back pent pocket of Wasim Shah, currency notes of Rs. 500 denomination were recovered. He does not remember who prepared the seizure memo. It is not mentioned in EXPW-MA that counterfeit currency notes were recovered from the back pant pocket of A-2. It is also not mentioned in EXPW-MA that counterfeit currency notes were sealed on spot after seizure. The witness has further stated that when EXPW-MA was prepared, FIR was not lodged however FIR number and offences are mentioned in the same.
It is not mentioned in EXPW-MA that counterfeit currency notes were recovered from the back pant pocket of A-2. It is also not mentioned in EXPW-MA that counterfeit currency notes were sealed on spot after seizure. The witness has further stated that when EXPW-MA was prepared, FIR was not lodged however FIR number and offences are mentioned in the same. After recovery of the counterfeit currency notes the SHO kept the same in his possession. He neither saw those counterfeit currency notes during investigation nor in the Court. It is correct that investigation was entrusted to him despite being eye witness. PW-3 Mohd. Azad Malik deposed that on 20.11.2006 when he was on patrol duty along with SHO at Gujjar Mandi, the SHO received an information that some people are trafficking counterfeit currency notes and are roaming now in Kheora. They proceeded to Kheora where three persons were spotted but two of them fled away and A-2 was apprehended and during his search 14 counterfeit currency notes of Rs. 500 denomination were recovered, which were seized and seizure was prepared by the SHO in his presence. On cross examination deposed that on receipt of information 6/7 police personnel along with SHO went on spot where accused were present but no shop was open but some vehicles were moving and pedestrian were present. Seizure memo was prepared and signed by him in the Police Station. He cannot say as to whether those notes were genuine or counterfeit currency notes. Those notes were not sealed in his presence. He did not identify those two persons who fled from the spot. The SHO put the seized notes in his pocket and took them to Police Station. PW-4 Mohd. Mushtaq Mirza has deposed that on 20.11.2006 at about 4.45 p.m. he along with SHO concerned were on patrol duty at Gujjar Mandi and the SHO received an information that accused Wasim Shah and his two companion traffics in counterfeit currency notes, whereupon SHO conducted a raid and accused Wasim Shah was apprehended near the Air Field Rajouri and from his search 14 counterfeit currency notes of Rs. 500/- denomination, comprising of Rs. 7000/- were recovered, which were seized on spot by the SHO and seizure memo was prepared.
500/- denomination, comprising of Rs. 7000/- were recovered, which were seized on spot by the SHO and seizure memo was prepared. Upon cross examination the witness has deposed that he made mentioned in the statement under section 161 Cr.P.C. that he does not know the names of the accused persons who fled from the spot. The witness has further stated that in his statement the names of the accused Rajan Singh and Sultan Anjum have been wrongly mentioned. The seizure was made at public place and he is witness to the seizure but neither his signature was obtained on the seizure nor any civilian was associated. At the time of seizure I.O. was not present along with him. Seizure was prepared by the SHO. PW-5 Ghulam Mujtaba deposed that he only knows accused Wasim Shah and on 20.11.2006 he accompanied SHO to Kheora with the police party where accused Wasim Shah was found in suspicious condition, who tried to escape from the spot but he was apprehended. From the search of accused seven counterfeit currency notes of Rs. 500/- denomination were recovered and seizure memo was prepared on spot which bear his signature. Upon cross examination deposed that at the time of occurrence shops were open but no shopkeeper was called on spot. In his presence no distinctive mark was put on the seized currency notes. The SHO concerned checked the currency notes on the spot and said that these are counterfeit currency notes which were recovered from the pant of accused by SHO. PW-6 Nisar Hussain, has deposed that he along with SHO concerned received information that some people at Kheora are trafficking in counterfeit currency notes. Thereafter, they went towards Kheora and apprehended one person namely Ravi Kumar and rest of the persons fled from the spot, however, the witness could not identify accused Ravi Kumar in the Court and was declared hostile. PW-7 Neeraj Kumar has deposed that on 21.11.2006, he along with SHO and police party were on patrol duty at Gujjar Mandi, Rajouri and at 4.30 P.M. SHO received information that at Kheora, three persons are found in [suspicious] condition. He along with SHO went there but on seeing police vehicle the accused started running but accused Wasim Shah was apprehended and on his search 14 counterfeit currency notes of Rs. 500/- denomination were recovered, which were seized on spot.
He along with SHO went there but on seeing police vehicle the accused started running but accused Wasim Shah was apprehended and on his search 14 counterfeit currency notes of Rs. 500/- denomination were recovered, which were seized on spot. Upon cross examination stated that when he reached on spot people were walking there. Accused was apprehended by him and Ghulam Mujtaba. He conducted the search of the accused under the direction of SHO and currency notes were recovered from the shirt of the accused. In his statement under section 161 Cr.P.C. he had mentioned that notes were recovered from the shirt of accused but on reading the statement to the witness, there is no mention of same. PW-8 Mohan Singh deposed that accused are known to him. On 20.11.2006, he along with SHO were on patrol duty at Gujjar Mandi along with police party and SHO received information that some persons are roaming at Kheora road who are carrying counterfeit currency notes and they proceeded to Kheora. Accused tried to escape but accused Wasim Shah was apprehended and from his search Rs. 7000/- counterfeit currency notes comprising of Rs. 500/- denomination were recovered, which were seized and seizure memo was prepared by SHO. Thereafter he delivered the docket to Police Station for registration of FIR. Upon cross examination deposed that when they reached on spot there were lot of vehicular movement and pedestrians were present there. Accused was apprehended near a shop but he does not remember the name of that shopkeeper. The search was conducted by SHO. He also signed the seizure memo of currency notes. Fake currency notes were wrapped in an envelope and taken to the Police Station by him and handed over to Munshi of the Police Station and not deposited in the Malkhana. PW-9 Mohd. Taj has deposed that on 20.11.2006, he along with SHO and Gulher Singh SI, Khan Mohd. HC, Azad Malik HC and Mushtaq Murtaza HC were on patrol duty at Gujjar Mandi and at about 4.30 p.m. SHO received an information that three persons are strolling at Kheora who traffics in counterfeit currency notes and are carrying counterfeit currency notes also. They proceeded towards Kheora and spotted three persons, who tried to escape but after chase accused Wasim Shah was apprehended, however other accused fled from the spot.
They proceeded towards Kheora and spotted three persons, who tried to escape but after chase accused Wasim Shah was apprehended, however other accused fled from the spot. SHO made search of the accused Wasim Shah and recovered 14 counterfeit currency notes of Rs. 500 denomination comprising of Rs. 7000/-, which were seized and seizure memo was prepared on spot and he also signed the same. Accused Wasim Shah disclosed regarding the two persons Rajan Singh and Sultan Anjum. Upon cross examination stated that they proceeded for patrol duty after 2 p.m. and when they were on patrol duty at Gujjar Mandi, SHO received the information but he does not know whether the information was received telephonically or not. They reached on the spot at 4.45 p.m. and at a short distance from the place of occurrence there were shops. When they chased the accused it is not known as to whether or not civilians were present there or not but there was no vehicular movement on the road. Accused Wasim Shah was apprehended by Khan Mohd. HC and searched by SHO. He does not remember who brought those currency notes to the Police Station and from which pocket of accused the currency notes were recovered. Currency notes were sealed on spot. The statement under section 161 Cr.P.C. was shown to the witness which does not bear his signature. PW-10 Sheetal Kumar deposed that on 09.02.2007, he along with SI Gulher Singh, Wazir Mohd., Khan Mohd. and Zaffer Iqbal were proceeding in official vehicle towards Dhandidhar and meanwhile they spotted two persons i.e. A-3 & A-4 standing on the road near a Well at Dhandidhar who were questioned and search was conducted and during their search 27 counterfeit currency notes of Rs. 500/- denomination comprising of Rs. 13,500/- were recovered and from the search of A-4 Gagan Chadda, two counterfeit currency notes of Rs. 500/- denomination, comprising of Rs. 1000/- were recovered, which were seized and seizure memo was prepared, which was signed by him. The accused were arrested and taken to Police Station. They again along with I.O. proceeded towards Thuddi and when they reached at Thuddi they spotted one person standing there who was questioned and he disclosed his name as Sanjeev Kumar A-5 and from his possession nine currency notes of Rs. 500/- denomination comprising of Rs.
The accused were arrested and taken to Police Station. They again along with I.O. proceeded towards Thuddi and when they reached at Thuddi they spotted one person standing there who was questioned and he disclosed his name as Sanjeev Kumar A-5 and from his possession nine currency notes of Rs. 500/- denomination comprising of Rs. 4500/- were recovered which were seized and seizure memo was prepared on the spot. On the same day police party proceeded towards Tatta Pani from Thuddi and when reached at Tatta Pani another person was spotted and A-5 Sanjeev Kumar disclosed the identity of that person as A-1 Ravi Kumar, who was apprehended and during his search 40 counterfeit currency notes of Rs. 500/- denomination comprising of Rs. 20,000/- were recovered, which were seized and seizure memo was prepared. Upon cross examination stated that when they proceeded towards Dhandidhar at 12.30 p.m. report was entered in the roznamcha but he does not remember entry number or number of vehicle in which they proceeded but there was only one vehicle in the Police Station. There was abundant vehicular movement on Dhandidhar road and people were also walking and had also come to fetch water. He does not remember who apprehend the A-3 Rajan Singh. He also does not remember who searched the accused. The currency notes were not sealed on the spot but the SHO put the currency notes in his pocket and took them to Police Station. Accused was standing near a residential house but they did not call the residents of said house. Counterfeit currency notes were recovered from the Wallet kept in the pocket of the pant of accused. It is correct that where accused was, found there were residential houses and the house of Sarpanch was just ahead of Chowk. He does not remember as to whether any civilian was called on spot. Those currency notes were kept by the I.O. in his pocket and taken to Police Station. Those currency notes were deposited by I.O. unsealed in the Malkhana. PW-11 Mohd. Afsar deposed that on 09.02.2007, he along with police personnel and SI Gulher Singh went to Dhandidhar for investigation of the case where A-3 Rajan Singh and A-4 Gagan Chadda were arrested and their search was conducted during search of A3 Rajan Singh Rs.
Those currency notes were deposited by I.O. unsealed in the Malkhana. PW-11 Mohd. Afsar deposed that on 09.02.2007, he along with police personnel and SI Gulher Singh went to Dhandidhar for investigation of the case where A-3 Rajan Singh and A-4 Gagan Chadda were arrested and their search was conducted during search of A3 Rajan Singh Rs. 13,500/- counterfeit currency notes were recovered and from A4, Gagan Chadda two counterfeit currency notes of Rs. 500 denomination were recovered and on the identification of A3 & A4, A5 Sanjeev Kumar was arrested from Thuddi Jawahar Nagar and during his search Rs. 4500/- counterfeit currency notes were recovered and seizure memo was prepared. Upon cross examination deposed that ASI called the Namberdar, Chowkidar and Civilians and in their presence search of accused persons was conducted. He does not know from where the currency notes were recovered from A3 Rajan Singh because recovery was made by 7 ASI who told him that counterfeit currency notes have been recovered from the search of A3 Rajan Singh. During the search of A5 civilians gathered there. It is correct that search of A-5 was conducted by I.O. who told him regarding the recovery of counterfeit currency notes. He does not know who signed the seizure memo besides him. There is no mentioned in the seizure memo regarding the sealing of notes. The currency notes were sealed in the Police Station. PW-12 Zaffer Iqbal deposed that on 09.02.2007, he went to Thuddi along with ASI Gulher Singh where accused was spotted who was apprehended by ASI and during his search 4500/- counterfeit currency notes were recovered and thereafter they proceeded to Tatta Pani where on identification of accused they apprehended A-1 Ravi Kumar and from his search Rs. 20,000/- of Rs. 500/- denomination counterfeit currency notes were recovered, which were seized and seizure memo was prepared. From the possession of A-1 Ravi Kumar a machine from which counterfeit currency notes were prepared was recovered. Upon cross examination deposed that where accused was found, shops were open and people were moving and there was also vehicular movement. Search memo was not made in his presence. ASI told him that the recovered notes are counterfeit currency notes. When they went to the house of A-1 Ravi Kumar at Tatta Pani 4-5 civilians were called but he does not remember their names.
Search memo was not made in his presence. ASI told him that the recovered notes are counterfeit currency notes. When they went to the house of A-1 Ravi Kumar at Tatta Pani 4-5 civilians were called but he does not remember their names. Currency notes were recovered from the pocket of his shirt and his search was conducted by ASI who told him regarding the currency notes. Besides him seizure memo was signed by Khan Mohd., Seizure memo was prepared in the Police Station. The machine from which counterfeit currency notes were prepared was concealed in the cow shed of A-1 Ravi Kumar. When the machine was seized, civilians were called but he does not know those civilians but no seizure memo of machine was prepared. PW-13 Som Raj deposed that her knows the accused person except A-2 Wasim Shah. He purchased a printer from A-1 Ravi Kumar in the year, 2005 for sale consideration of Rs. 9000/- and after sometime police approached him and told that this printer is used by A-1 Ravi Kumar for making of counterfeit currency notes. Her handed over the printer to police, which was seized and seizure memo was prepared. The witness testified to seizure memo, EXTP-13/12 and EXTP-13/2. On cross examination deposed that the printer was neither sealed by the police nor any special identification mark was put on it. PW-14 Netar Parkash deposed that accused are known to him. He purchased a printer from A-1 Ravi Kumar which was seized by the police and seizure memo EXTP-13/1 was prepared. The witness testified his signature over seizure memo EXTP-13/2. On cross examination stated that printer was taken unsealed by police and police did not put any special identification mark on said printer. PW-15 Gulher Singh deposed that in the year 2006 Case FIR No. 496/2006 was investigated by him. SHO concerned on petrol duty recovered and seized counterfeit currency notes from accused Wasim Shah and prepared the seizure memo. During investigation it came to fore that there was a racket involved in the trafficking of counterfeit currency notes and on 09.02.2007, they apprehended rest of the four accused persons and from their possession counterfeit currency notes were recovered and seizure memo was prepared. Those currency notes were sent to FSL for examination and opinion of expert was received. The witness testifies to the seizure memos EXTP-12/1, EXTP-11/1, EXTP-11/2, and EXTP-11/3 respectively.
Those currency notes were sent to FSL for examination and opinion of expert was received. The witness testifies to the seizure memos EXTP-12/1, EXTP-11/1, EXTP-11/2, and EXTP-11/3 respectively. He recorded statements of witnesses. He testified to the site plan EXTP-15/1. The counterfeit currency notes were recovered from accused Rajan Singh and Gagan Singh from Dhandidhar whereas recovery of counterfeit currency notes from accused Ravi Kumar and Sanjeev Kumar was made from Tatta Pani Kalakote. Thereafter he got transferred and investigation was handed over to other I.O. Upon cross examination the witness deposed that he along with SHO and other police party were on patrol duty at about 4.30/5.00 p.m. and report to that effect was made in the roznamcha and they reached at Kheora at 6 p.m. which is a habitated place and there are houses and shops on both sides of the road. SHO prepared the seizure memo of counterfeit currency notes at 6.15/6.30 p.m. and at that time FIR was not registered but on EXTP-MA FIR number is mentioned. It is correct that there is neither mention of accused persons in the seizure memo nor there is any mention of sealing of counterfeit currency notes on the spot. The seized currency notes were taken by SHO but the same were not sealed in his presence. There were eye witnesses to the occurrence but no mention has been made in the site plan regarding exact location of those witnesses. In the site plan there is no mention of shops on both sides of road and existence of the residential houses nor there is mention of names of accused persons. Tatta Pani falls within the jurisdiction of Police Station Kalakote and he proceeded beyond the jurisdiction of his Police Station and same requires no permission. In EXTP-12/1 there is mention of counterfeit currency notes but no mention is made regarding their seizure on the spot and no mention is made of accused persons. Accused Ravi Kumar was found on the road and he was identified by accused Sanjeev Kumar but same is not mentioned in the seizure memo but this fact finds mention in the CD file. The seizure was prepared on the road but there is no mention of road in the seizure memo. Her did not call any civilian nor any mention is made in the CD file.
The seizure was prepared on the road but there is no mention of road in the seizure memo. Her did not call any civilian nor any mention is made in the CD file. The counterfeit currency notes were recovered from accused Sanjeev Kumar at Thuddi, Rajouri but there is no mention of same in EXTP-11/3 as to from where seizure was made. He did not seal the currency notes on spot nor any mention is made in the CD file. There is no mention in EXTP-11/2 that the currency notes were recovered from Dhandidhar nor the counterfeit currency notes were sealed and nor any civilian was associated. The counterfeit currency notes recovered from accused Rajan Singh were not sealed on spot. PW-16, Jabeen Akhtar Lone, deposed that on completion of investigation in case SHO had drawn the satisfaction. She completed the final police report and presented in the Court. On cross examination deposed that it is correct that neither any Magistrate or any expert from FSL is cited as witness. PW-17 Rakesh Hangloo deposed that during the year 2007 he was posted as Incharge Scientific Officer, Documents, in FSL Jammu and on 02.04.2007 five paper envelopes marked 1 to 5 were received in FSL through Ct. Mohd. Rashid No. 719/R, which were forwarded by Sr. Supdtt. of Police Rajouri and the same pertain to Case FIR No. 496/2006 U/S 489 RPC of P/S Rajouri. Description of packets, contents and laboratory markings are mentioned in detail in his report bearing No. 658/FSL, dated 23.05.2007, which are on two leaves. As per his report the currency notes which were forwarded to FSL for examination in five packets marked [1 to 5], marked Q1 to Q92 were found to be counterfeit Indian currency notes of Rs. 500/- denomination. On cross examination deposed that no letter of authority from Executive Magistrate was sent along with the case. 11. From the perusal of the evidence on record there are glaring contradictions in the statements of the witnesses and different versions have surfaced in the statements of these witnesses. PW-2 has stated that from the search of A-2 Wasim Shah counterfeit currency notes were recovered from the back pocket of pant but as per the testimony of PW-7 currency notes were recovered from the shirt of A-2 Wasim Shah.
PW-2 has stated that from the search of A-2 Wasim Shah counterfeit currency notes were recovered from the back pocket of pant but as per the testimony of PW-7 currency notes were recovered from the shirt of A-2 Wasim Shah. PW-7 deposed that A-2 was apprehended on 21.11.2006, by him and constable Ghulam Mustafa but PW-9 deposed that A-2 was apprehended by Khan Mohd. HC. PW-1 has deposed that he was leading the police party on 20.11.2006, recovery of counterfeit currency notes was made from A-2 but in cross examination he stated that seized notes were not sealed on spot but the same remained in his possession till reaching Police Station. PW-2 has also deposed that the counterfeit currency notes were kept by SHO in his possession. PW-3 has also deposed that currency notes were not sealed in his presence, however, PW-8 has deposed that counterfeit currency notes were wrapped in an envelope and taken to Police Station by him and the same were handed over to Munshi of Police Station, however the same was not deposited in the Malkhana. This witness has further stated that the currency notes were not sealed on spot. 12. There is also evidence of PW-2 that at the time of occurrence there was vehicular movement and shops were open but PW-3 deposed that no shop was open but there was vehicular movement and pedestrians were present. PW-4 has stated the seizure was made at the public place but no civilian was associated. PW-5 has also stated that there was vehicular movement and shops were open but no shopkeeper was called on spot. PW-6 deposed that when A-1 was apprehended people gathered there whereas PW-7 deposed that when they reached on spot people were walking there. PW-8 deposed that when they reached on spot there was lot of vehicular movement and pedestrians were present. PW-9 has deposed that when they chased the accused there was no vehicular movement on the road. 13. It is stated by PW-10 that when they proceeded to Dhandidhar there was vehicular movement and people were also walking there. He has further stated that when they proceeded to Tatta Pani and apprehended A-1 there were residential houses including the house of Sarpanch, however, as per PW-11 the search was conducted in presence of Namberdar, Chowkidar and Civilians.
13. It is stated by PW-10 that when they proceeded to Dhandidhar there was vehicular movement and people were also walking there. He has further stated that when they proceeded to Tatta Pani and apprehended A-1 there were residential houses including the house of Sarpanch, however, as per PW-11 the search was conducted in presence of Namberdar, Chowkidar and Civilians. PW-12 has also deposed that when they went to the house of A-1 civilians were called but he does not remember their names. 14. As per PW-10 the counterfeit currency notes were recovered from the Valet of A-5 Sanjeev Kumar which was kept in the pocket of his pent but further stated that he does not remember who searched the accused. PW-10 has further stated that he does not know who conducted search of A-1 and from where counterfeit currency notes were recovered. PW-11 has deposed that ASI (I.O.) told him that from the search of A-3 counterfeit currency notes were recovered. According to PW-12 search memo was not prepared in his presence but ASI told him that the recovered notes were counterfeited. It has also come in the statement of PW-10 that currency notes were not sealed on spot but I.O. put the notes in his pocket and went to Police Station. However the witness further deposed currency notes were not sealed on spot but I.O. took those notes to Tatta Pani. PW-13 and PW-14 are witnesses to seizure of printer but they has deposed in cross examination that the printer is not seen by them in the Court and the same was not sealed on spot. PW-15 has deposed that he did not call any civilian and no mention regarding same is made in the CD file. All this shows the casual manner in which investigation has been conducted. 15. There are also contradictions regarding the number of alleged currency notes recovered from A-2 and as per PW-1, 14 currency notes were recovered from A-2 where as PW-5 deposed that 7 currency notes were recovered from A-2. 16. For what has been discussed and observed hereinabove, no interference is required by this Court as the trial Court has rightly appreciated the evidence on record acquitted the accused-respondents.
16. For what has been discussed and observed hereinabove, no interference is required by this Court as the trial Court has rightly appreciated the evidence on record acquitted the accused-respondents. There is no satisfactory evidence on record from which it can be concluded that the accused had any connection with the commission of the crime, and there being glaring contradictions in the statements of the witnesses, the shadow of doubt costs upon the veracity of these witnesses and no conviction can be granted on their testimony. 17. In view of the facts and circumstances, the Judgement of the Ld. Principal Sessions Judge, Rajouri dated 27.08.2018, is upheld and the instant appeal is dismissed.