1 2025:CGHC:4208-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1616 of 2024 Onkar Yadav S/o Late Asari Ram Yadav Aged About 39 Years R/o Dhodhhagaon, Police Station-Sitapur, District- Surguja, Chhattisgarh. ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station- Farsabahar, District- Jashpur, Chhattisgarh. ---- Respondent (Cause title taken from Case Information System) For Appellant : Mr. Arun Kumar Shukla, Advocate For Respondent/State : Mr. Sangharsh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, C.J. 23/01/2025 1. The matter has been listed for consideration on I.A. No. 1 of 2024 and with the consent of the parties, the matter has been heard finally. 2. The present appeal has been filed against the impugned judgment of conviction and sentence dated 09.08.2024, passed by learned Special Judge (NIA) Bilaspur, in Special Case (NIA) No. 10 of 2019, whereby the learned trial Court has convicted the appellant for the offence Digitally signed by VEDPRAKASH DEWANGAN 2 under Section 489-C of IPC and sentenced him for R.I. for 5 years with fine of Rs. 1000/-, in default of payment of fine, further R.I. for 1 month. 3. The brief facts of the case are that on 22.02.2018, the Sub-Inspector of Police Sunil Das (PW-11) received a secret information that two unknown persons were roaming near Farsabahar Block Office and trying to trafficking the counterfeit currency notes and in search of prospective purchasers. The PW-11 constituted a trap party including the police constables and independent witnesses and proceeded towards place of incident. On the spot they found two persons sitting on the motorcycle near Farsabahar Block Office. They disclosed their names as Onkar Yadav and Suresh Shrivas. 4. The PW-11/Sunil Das has informed them about the secret information and gave a notice/Exhibit P-23 for consent to be searched. The Talashi Panchnama/Exhibit P-2 was prepared after having search by the accused persons to the witnesses (PW-2 and PW-8). The police party have also given their own search to the accused persons and Panchnama/Exhibit P-3 was prepared. Thereafter, in presence of the witnesses, the accused Onkar Yadav was searched by the investigating officer and Panchnama/Exhibit P-4 was prepared. On being search, total 190 numbers of counterfeit currency notes of 200 denominations having series No. 3BN579622, one mobile phone and one motorcycle have been seized and seizure memo/Exhibit P-6 was prepared. The Talashi Panchnama of Suresh Shrivas was prepared vide Exhibit P-5 and from him one mobile phone has been seized vide 3 seizure memo/Exhibit P-7. A notice under Section 91 of the CRPC has also been given to the accused Onkar Yadav. The accused persons have been arrested and their arrest has also been informed to their family members vide Exhibit P-35 and P-36. 5. During the investigation, the PW-11/Sunil Das has sent the seized counterfeit currency notes for its examination to State Bank of India, Farsabahar on 22.02.2018 along with the memo/Exhibit P-13. The examination report of the counterfeit currency notes have been sent by the State Bank of India, Farsabahar, which is Exhibit P-14. The FIR/Exhibit P-37 was registered. Spot map/Exhibit P-1 was prepared by the police and Exhibit P-8 was prepared by the Revenue Inspector. During the investigation, the RTO papers of the motorcycle has been seized on 12.04.2018 vide seizure memo/Exhibit P-29. The seized 190 items of counterfeit currency notes of 200 denominations were also sent for its examination to Bank Note Press, Devas, Madhya Pradesh from where the report Exhibit P-41 was received. The CDR/CAF of mobile No. 9399227606 has also been obtained from the service provider along with the certificate under Section 65-B of the Evidence Act, which is Exhibit P-26 and P-27 respectively. 6. The statement under Section 161 of the CRPC of the witnesses have been recorded and after completion of usual investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Kunkuri, District Jashpur. The case was committed to the Court of learned Sessions Judge, from where it has been transferred to the learned trial Court for its trial. 4 7. Learned trial Court has framed charge against the appellant for the offence under Section 489-B read with Section 34 and 489-C read with Section 34 of IPC. The appellant abjured his guilt and claimed trial. In order to prove the charge against the appellant, the prosecution has examined as many as 11 witnesses. Statement of the appellant under Section 313 of CRPC has also been recorded, in which he denied the circumstances appears against him, plead innocence and has submitted that he has been falsely implicated in the offence. *******The charge-sheet has been filed against two accused persons namely Onkar Yadav and Suresh Shrivas. During the trial, the accused Suresh Shrivas has died on 13.07.2023 at Central Jail, Raipur, which has been intimated to the learned trial Court through the memo sent from Central Jail, Raipur vide No. i`-Ø- 3813/fopk-okjaV@2023] dated 19.07.2023 and thereafter vide order dated 17.08.2023 passed by learned trial Court, the proceedings against the co-accused Suresh Shrivas was abated and the trial was proceeded only against the present applicant. 8. After appreciation of oral as well as documentary evidence led by the prosecution, the learned trial Court has convicted the appellant and sentenced him as mentioned in the earlier part of the judgement. Hence, this appeal. 9. Learned counsel for the appellant would submit that the prosecution has failed to prove its case beyond reasonable doubt. There are material omissions and contradictions in the evidence of prosecution witnesses, which cannot be made basis to convict the appellant for the alleged offence. The independent witnesses have not supported the prosecution's case and all other witnesses are departmental witnesses. The appellant is a layman having no sense of identification of the currency notes and he 5 genuinely received the currency notes from the bank after selling his paddy in the Paddy Procurement Centre and he had gone to market to purchase household articles. He in fact was not in knowledge that the said notes were fake notes. He would further submit that the appellant is convicted for the offence under Section 489-C of the IPC, for which no minimum sentence is provided. The appellant remained in jail for about 05 months during the trial and presently is in jail since 09.08.2024, which further comes to about 05 months and thereby he undergone total about 10 months of his jail sentence. In the facts and circumstances of the case, his undergone period may be considered to be sufficient sentence for the alleged offence. 10. On the other hand, learned counsel for the State opposes and has submitted that from the evidence produced by the prosecution, it has unerringly proved that the appellant was found in possession of 190 items of counterfeit currency notes of 200 denominations, which were of the same series. Bearing the same series number of counterfeit currency notes, it cannot be presumed that the appellant was not in knowledge that it was fake currency note. Keeping in possession of such a huge quantity of currency notes itself shows the mens rea on the part of the appellant that he knowingly involved in trafficking the said counterfeit currency notes and he was found guilty of possession of the same. Trafficking of counterfeit currency notes does affect the economy of the country, which is a serious offence. The learned trial Court has already taken a lenient view and awarded less sentence and therefore, the appellant is not entitled for any further leniency. His appeal does not have any merits and is liable to be dismissed. 11. We have heard learned counsel for the parties and perused the record. 6 12. PW-1/Shankar Ram who is the police constable has stated in his evidence that he received information from Sunil Das (Sub-Inspector) that the accused persons are coming from Lailunga having counterfeit currency notes and when they reached on the spot, they found the accused persons there and on being their search, counterfeit currency notes were found from their bag. In cross examination, he remained firm in saying that the said counterfeit currency notes were seized from the accused persons. But for minor omissions or contradictions, nothing could be extracted from the evidence of this witness to disbelieve his evidence. 13. PW-2/Sukhsai is the witness to the documents (exhibit P-1 to P-11), but he has turned hostile and not supported the prosecution case. However, he admitted his signature on the said documents. 14. PW-3/Santosh Kumar Marar is the Regional Agriculture Officer posted at State Bank of India, Lailunga from 2018 to 2021 and was posted on deputation at SBI, Farsabahar as Branch Manager from February-2018 to June-2018. On 22.02.2018, he received total 190 items of counterfeit currency notes of 200 denominations having series No. 3BN579622. On being its examination, all the 190 denominations were found fake and his report is Exhibit P14. In cross examination, he stated that the currency notes which were produced before him for its examination, were found fake currency notes by him. He did not know, as to whether from one currency note many other similar currency notes can be printed through color scanning machine or not. He stated that the said currency notes, which were sent to him for its examination, were in sealed envelope. 15. PW-4/Kishore Kumar Kujur is constable and in-charge Malkhana Moharrir of the Farsabahar police station. He stated that on 7 22.02.2018 the Sub-Inspector of Police Sunil Das has deposited the 190 items of fake currency notes of 200 denominations in a sealed envelope, one motorcycle and two mobile phones have deposited for keeping it in Malkhana of the police station, which have been endorsed in Malkhana register/Exhibit P-15. Though he admitted that in Malkhana register, he has not made his signature, but he stated that he deposited the items in Malkhana in sealed condition. 16. PW-5/Pramod Bhagat is the Revenue Inspector and prepared the spot map (exhibit P-8). 17. PW-6/Shashikant Toppo and PW-7/Tarun Kumar are the police constables who were the members of trap party and also supported the seizure of the counterfeit currency notes from the accused persons. Though the PW-7/Tarun Kumar has been declared hostile, but prior to that he supported the prosecution's case and on certain point he was declared hostile, but in his entire evidence he supported the prosecution's case and from these two witnesses (PW-6 and PW- 7), it has been proved that on the date of incident they have seized 190 items of counterfeit currency notes of 200 denominations from the accused persons. But for minor discrepancies which are trivial in nature, their evidence are supported the seizure of counterfeit currency notes from the accused persons. 18. PW-8/Tayyab Alam is the independent witness has supported the prosecution's case that he was a member of such party, the police persons have searched the accused persons and from their possession total 190 counterfeit currency notes of 200 denominations 8 were seized and the police have done the search and seizure proceeding on the spot and prepared the various Panchanamas. In his cross-examination, he too has remained firm in search and seizure proceeding and nothing could be elicited by the defence in his cross- examination to make his evidence doubtful. 19. PW-9/Sanjeev Nema is the Nodal officer of Reliance Jio Infocomm Limited Raipur, who proved the CDR of mobile No. 9399227606 and CAF of the said mobile No., which is article A-2. He also proved the certificate (exhibit P-27) issued under Section 65-B of the Evidence Act. He admitted in his cross-examination that Exhibit P-25 and P-26 is reflected the name of Mahendro Yadav. 20. PW-11/Sunil Das is the investigating officer and proved the process of investigation right from receiving the secret information up to returning to the police station after search and seizure proceeding. He stated in his evidence that on the date of incident he received secret information, constituted a trap party, proceeded towards the place of incident along with the independent witnesses and other panch witnesses, searched the accused persons and seized the total 190 counterfeit currency notes of 200 denominations. On being examined by the bank as well as Bank Note Press, Devas, Madhya Pradesh, the said currency notes were found counterfeit. He proved all the documents which he has prepared during the search and seizure proceeding and the reports received from the bank as well as Bank Note Press, Devas. He duly supported the search and seizure proceeding and remained firm in his cross-examination. 9 21. From all these evidence, the guilt of the appellant has duly been proved that he was found in possession of 190 items of counterfeit currency notes of 200 denominations on 22.02.2018. Those counterfeit currency notes were of same series number and therefore, the knowledge and conscious possession that the said notes were counterfeit currency notes, cannot be ruled out and having possession of the said counterfeit currency notes in such a huge quantity that too of the same series number clearly demonstrate the mens rea and the part of the appellant. Therefore, the learned trial Court has convicted the appellant for the offence under Section 489-C of the IPC for possession of counterfeit currency notes with him, in which we do not find any perversity or illegality and thereby we affirm the conviction of the appellant for the offence under Section 489-C of the IPC. 22. So far as the sentence part is concerned, the appellant has been sentenced for R.I. for 5 years for the offence under Section 489-C of IPC. The offence of Section 489-C of IPC does not provide any minimum sentence. Although the offence of the trafficking of counterfeit currency notes does affect the economy of the country and it is a very serious offence, but considering the nature of evidence and the allegation against the present appellant, we deem it appropriate to meet the ends of justice that the sentence awarded to the appellant can be reduced. 23. In the matter of Mohammad Giasuddin Vs. State of Andhra Pradesh, (1977) 3 SCC 287, Hon'ble Supreme Court has observed that if you are to punish a man retributively, you must injure him. If you 10 are to reform him, you must improve him and, men are not improved by injuries and held in Para 9 as follows: "9. Western jurisprudes and sociologists. from their own angle have struck a like note. Sir Samuel Romilly, critical of the brutal penalties in the then Britain, said in 1817: "The laws of England are written in blood". Alfieri has suggested: 'society prepares the crime, the criminal commits it. George Micodotis, Director of Criminological Research Center, Athens, Greece, maintains that 'crime is the result of the lack of the right kind of education'. If it is thus plain that crime is a pathological aberration. that the criminal can ordinarily be redeemed, that the State has to rehabilitate rather than avenge. The sub- culture that leads to anti-social behaviour has to be countered not by undue cruelty but by reculturisation. Therefore, the focus of interest in penology is the individual, and the goal is salvaging him for society. The infliction of harsh and savage punishment is thus a relic of past and regressive times. The human today views sentencing as a process of reshaping a person who has deteriorated into criminality and the modern community has a primary stake in the rehabilitation of the offender as a means of social defense. We, therefore, consider a therapeutic, rather than an 'in terrorem' outlook, should prevail in our criminal courts. since brutal incarceration of the person merely produces laceration of his mind. In the words of George Bernard Shaw: 'If you are to punish a man retributively, you must injure him. If you are to reform him, you must improve him and, men are not improved by injuries'. We may permit ourselves the liberty to quote from Judge Sir Jeoffrey Streatfield: "If you are going to have anything to do with the criminal Courts, you should see for yourself the conditions under which prisoners serve their sentences." 11 24. Considering the overall facts and circumstances of the case and the aforesaid law laid down by the Hon’ble Supreme Court in Giasuddin's case (supra), while affirming the conviction of the appellant for the offence under Section 489-C of the IPC, his sentence is reduced from R.I. for 5 years to R.I. for 2 years. The fine amount and the default sentence awarded to the appellant by the learned trial Court remains intact. The appellant is reported to be in jail since 09.08.2024. He is entitled for his undergone period which he has undergone during the trial as well as after his conviction and shall serve the entire sentence as awarded by this Court. 25. In view of the aforesaid modification in sentence, the appeal is partly allowed. 26. Registry is directed to send a copy of this judgment to the concerned Superintendent of Jail where the appellant is undergoing his jail sentence to serve the same on the appellant informing him that he is at liberty to assail the present judgment passed by this Court by preferring an appeal before the Hon’ble Supreme Court with the assistance of High Court Legal Services Committee or the Supreme Court Legal Services Committee. 27. Let a copy of this judgment and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved