Case Note & Summary
The case involves three appellants, Nafiz Alam Nurul Hudd Shaikh, Mohd. Sadidul Mohd. Majidali Haq, and Asamul Safaruddin Shaikh, who were convicted by the Additional Sessions Judge, Greater Bombay, Mumbai, in Sessions Case No.341 of 2011 for offences under Sections 489B and 489C read with 34 of the Indian Penal Code. The prosecution case was that on 8th March 2011, Police Inspector Kavalekar of DCB CID Unit No.7, Mumbai, received information that two unknown persons would come near the Reliance Energy Office, Ghatkopar, Mumbai, at about 6:30 p.m. with counterfeit currency notes. A trap was laid, and the appellants were apprehended. Upon search, counterfeit currency notes were recovered from their possession. The trial court convicted them and sentenced them to rigorous imprisonment for 10 years under Section 489B and 7 years under Section 489C, with fines. The appellants challenged the conviction in the High Court. The High Court examined the evidence, including the testimony of police witnesses and the expert who confirmed the notes were counterfeit. The court found that the prosecution had proved its case beyond reasonable doubt. The court held that the non-examination of independent witnesses did not affect the credibility of the police witnesses. The appeal was dismissed, and the conviction and sentences were upheld.
Headnote
A) Criminal Law - Counterfeiting Currency - Sections 489B and 489C IPC - Possession and Use of Fake Currency Notes - The appellants were convicted for using and possessing counterfeit currency notes. The prosecution proved that the accused were found in possession of fake notes during a police raid based on prior information. The court held that the evidence of the police witnesses and the expert opinion regarding the notes being counterfeit was sufficient to sustain the conviction. (Paras 1-10) B) Evidence Act - Expert Opinion - Section 45 - Currency Note Examination - The court relied on the testimony of the expert who examined the seized notes and opined that they were counterfeit. The court held that such expert evidence is admissible and can form the basis of conviction. (Paras 5-8) C) Criminal Procedure Code - Police Raid - Information and Panch Witnesses - The court considered the procedure followed during the raid and the role of panch witnesses. It held that the non-examination of independent witnesses does not necessarily vitiate the trial if the police witnesses are credible. (Paras 3-6)
Issue of Consideration
Whether the conviction of the appellants under Sections 489B and 489C read with 34 of the Indian Penal Code is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentences imposed by the trial court are upheld.
Law Points
- Counterfeiting currency notes
- Possession of counterfeit currency
- Use of counterfeit currency
- Sections 489B and 489C IPC
- Standard of proof
- Circumstantial evidence
- Expert opinion
- Police trap
- Panch witness
- Recovery of incriminating articles
