Case Note & Summary
The appellants, Faijan Rizvan Khan and Rafiq MadarKhan, were convicted by the Additional Sessions Judge, Greater Mumbai, for offences under Sections 489-C and 489-D read with Section 34 IPC, and sentenced to rigorous imprisonment for seven years and ten years respectively, with fines. They appealed against the conviction. The prosecution case was that on 10 January 2003, PSI Maheshkumar Thakur of DCB CID Mumbai received information that two persons would be near Hotel Dayanand, Dahisar Railway Station with fake currency notes. The police laid a trap and apprehended the appellants. Personal search revealed 25 fake currency notes of Rs.100 each from appellant No.1 and 10 fake notes of Rs.100 each from appellant No.2, all with identical serial numbers. Subsequently, on the information of appellant No.1, a bag containing 114 more fake notes, a rubber stamp, and an ink pad was recovered from Regal Boutique, Bandra, and a scanning machine was seized from Al-Habib Hotel. The trial court convicted the appellants. The High Court, after examining the evidence, found that the recovery of fake notes with identical numbers and the seizure of the scanning machine clearly established the offences. The court held that the prosecution had proved the case beyond reasonable doubt and dismissed the appeal, confirming the conviction and sentence.
Headnote
A) Criminal Law - Counterfeit Currency - Possession of Fake Currency Notes - Sections 489-C, 489-D, 34 IPC - The appellants were convicted for possessing and using fake currency notes of Rs.100 denomination, recovered from their possession and from a bag seized on their information - The court upheld the conviction, holding that the recovery of fake notes with identical serial numbers and the seizure of a scanning machine used for counterfeiting established the offences beyond reasonable doubt (Paras 1-10).
Issue of Consideration
Whether the conviction of the appellants under Sections 489-C and 489-D read with Section 34 IPC is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence of the appellants under Sections 489-C and 489-D read with Section 34 IPC are confirmed.
Law Points
- Possession of fake currency notes
- common intention
- recovery pursuant to information
- presumption of knowledge
- Section 489-C IPC
- Section 489-D IPC
- Section 34 IPC
