Calcutta High Court rules that possession of Large quantity of Forged Indian Currency Notes amounts to trafficking

Must Read

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Follow us

Facts of the Case (CRA 562 of 2018 and CRA 592 of 2018)

The case rests on the appeal by two people, Jubeda Chitrakar and Sunil Pramanik, out of the five persons convicted under the sections 489B/34 and 489C/34 of the IPC in 2009. The two accused were held convicted under the following sentences to be run concurrently:

  1. 8 years imprisonment for “using as genuine, forged or counterfeit currency notes or bank-notes” (Sec 489B) and,
  2. 6 years imprisonment for “Possession of forged or counterfeit currency notes or bank-notes”(Sec 489C)

The advocates on behalf of the appellants argued that the prosecution does not have enough evidence to charge them under Sec 489B and therefore sought to impeach the findings of the court in 2009.

The learned prosecution for the State stated that the “necessary ingredients of section 489B have been established over and above the…section 489C and hence, the appeals be rejected.” The prosecution argued that the raid and seizure of Forged Indian Currency Notes (FICN) at Ruby Hospital at bus-stand in front of ECTP on 30th August 2008 was based on secret source information.

The seizures were witnessed by two individuals in the surrounding and were proved to the court. The articles seized as well as the testimony of policemen involved in the raid were proved to the court to be trustworthy. Another search and seizure were conducted on 3rd September 2008 and all the recovered articles were proved by following due process and avoiding any evidence tampering.

Arguments of the counsel on behalf of the Appellant

  • The learned counsel stated that the ‘possession by itself does not amount to the activities…under sec 489B of the IPC.” The aforementioned section is central to the appeal as the counsel argues lack of evidence to prove intent of transaction, as the section mentions, “whoever sells to, buys or receives from…or otherwise traffics…”
  • The learned counsel reads the decision of the Supreme Court in Parakh Foods Ltd vs. State of Andhra Pradesh and Anr. (2008) 4 SCC 5844. The case stated that the term “traffics” had to be read as the same as the phrases “sells to, buys, or receives from…”
  • The aforementioned acts mentioned require the involvement of at least two people which cannot be proved in this case which helps the case of the appellants as they were taken into custody individually.

The Arguments Presented by the Prosecution

The prosecution revisited the case in question and offers the following arguments or dismissing the appeal:

  • The material witnesses corroborated the proceedings of the raid, search and seizure without any noticeable contradiction strong enough to subject it to further examination.
  • The police officers involved in the process have no reason to be hostile to the accused.
  • The mens rea, i.e. the intent or knowledge of possession of counterfeit currency was established through the fact that the appellants in the case made no specific statement regarding the possession of the FICN.
  • On the argument that the term “traffics” should be read as the same as “sells to, buys, or receives from…” the prosecution argued that the word “trafficking” is used for dealing in something illegal and any activity that falls within the category of “otherwise traffics in” does not require active participation of more than one person if a huge amount of FICN is discovered.
  • Moreover, the word ‘or otherwise’ usually means in contrast or opposite to the phrases stated before it. Therefore, in this case, the phrase “or otherwise traffics” should be taken in contrast to the phrase, “sells to, buys, or receives from…”
  • The counsel derives from the Rayab Jusab Sama vs the State of Gujarat, 1998 Cri LJ 942, and Shabbir Sheikh vs. The State of Madhya Pradesh Crl. Appl. Nos. 162, 452 and 453/2015 which upheld that possession of a large number of fake currency notes cannot be treated as dormant possession but active transportation that falls within the purview of Section 489B of the IPC.

The Judgement

Both the appellants; Sunil Parmanick was in possession of 27 pieces of 500-rupee fake notes, and a search at the Jubeda Chitrakar’s house led to the discovery of 20 pieces of 500 rupees and 5 pieces of 1000 rupee fake notes which can be categorized as a large number of fake currency notes. Hence, the possession of such large quantity of FICN in concealed manner amounts to trafficking and punishable under Section 489B of the IPC.

Also, under Section 313 of the Code of Criminal Procedure, the accused have the right to defend their case. However, both the appellants offered no explanation regarding the possession of fake currency.

In light of the evidence presented, the Court dismissed the appeal and upheld the sentence imposed on the appellants.

[googlepdf url=”http://libertatem.in/wp-content/uploads/2019/12/Calcutta-High-Court-rules-that-possession-of-large-quantity-of-FICN.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Team of Courtroom and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

US Court Orders Iran To Pay $1.4 BN in Damages To Missing Former FBI Agent’s Family

The United States District Court for the District of Columbia ordered Iran to pay in total $1.45 bn to the Levinson family in punitive...

Onus on Petitioner To Show Unassailable Facts: Delhi High Court

In the case of Rhythm Jain v National Testing Agency, the Delhi High Court mentioned that in such petitions the onus to prove the facts...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the constitutionality of Rule 19 of...

Madhya Pradesh High Court Asks State To File Reply To Examine Whether Privacy Rights of an Individual Can Be Violated by Issuing an Executive...

A Writ Petition was instituted by an individual for violation of his fundamental rights by the State before the Madhya Pradesh High Court. The...

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by the Exporters Association before the...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

More Articles Like This

- Advertisement -