Case Note & Summary
The appellant, Shaikh Nazir Shaikh Failu, was convicted by the trial court for offences under Sections 489B and 489C of the Indian Penal Code, 1860 (IPC) for allegedly using and possessing counterfeit currency notes. The prosecution case was that on 23.10.2011, PSI Suresh Bhale of City Chowk Police Station, Aurangabad, received information from Police Head Constable Mundhe that a person was trying to sell counterfeit currency. The police apprehended the appellant and allegedly recovered 13 counterfeit notes of Rs.1000 denomination from his possession. The trial court convicted the appellant, and the appeal was filed before the Bombay High Court. The High Court examined the evidence and found several glaring defects. The police did not comply with Section 100 of the Code of Criminal Procedure, 1973 (CrPC) as no independent panch witnesses were joined despite their availability. The seizure panchnama was not proved in accordance with law. There were material contradictions between the testimonies of police witnesses regarding the recovery and seizure of the notes. The prosecution failed to prove the case beyond reasonable doubt. The High Court allowed the appeal, set aside the conviction, and acquitted the appellant.
Headnote
A) Criminal Law - Counterfeit Currency - Sections 489B and 489C IPC - Conviction - Appeal against conviction for using and possessing counterfeit currency notes - Prosecution failed to prove guilt beyond reasonable doubt due to non-compliance with Section 100 CrPC regarding search and seizure, absence of independent panch witnesses, and contradictions in evidence - Held that the conviction is unsustainable and the appellant is entitled to acquittal (Paras 1-20). B) Criminal Procedure - Search and Seizure - Section 100 CrPC - Mandatory requirement to join independent panch witnesses - Police failed to call independent witnesses despite availability - Seizure panchnama not proved as per law - Held that non-compliance vitiates the seizure and recovery (Paras 10-15). C) Evidence Law - Appreciation of Evidence - Contradictions and inconsistencies - Material contradictions between police witnesses regarding recovery and seizure of counterfeit notes - No independent corroboration - Held that benefit of doubt must be given to the accused (Paras 16-20).
Issue of Consideration
Whether the conviction of the appellant under Sections 489B and 489C of the Indian Penal Code, 1860 (IPC) is sustainable in law given the alleged non-compliance with mandatory provisions of the Code of Criminal Procedure, 1973 (CrPC) regarding search and seizure, and the lack of credible evidence.
Final Decision
The appeal is allowed. The conviction and sentence imposed by the trial court are set aside. The appellant is acquitted of the offences under Sections 489B and 489C IPC. His bail bonds stand cancelled.
Law Points
- Presumption of innocence
- Burden of proof on prosecution
- Mandatory compliance with Section 100 CrPC for search
- Requirement of independent panch witnesses
- Standard of proof beyond reasonable doubt
