Amarjit Singh vs State of Punjab

Sureshwar Thakur, J

In FIR embodied in Ex. P9, the prosecution alleged that one Amarjit Singh, and, one Balkar Singh committed the offence punishable under Section 489-C of the IPC, but since co-accused Balkar Singh expired, hence through an order made on 21.2.2015, the proceedings, as became initiated against him, were ordered to become abated. Consequently, through an order drawn on 07.3.2017, the learned ASJ, Amritsar, framed the hereinafter extracted charge against the surviving accused Amarjit Singh.

“That on 6.11.2012 at about 5.00 P.M. in the are of village Bandala, District Amritsar you above named Accused Amarjit Singh was found in possession of 65 counterfeit currency notes of Rs. 1000/- denomination each i.e. Rs. 65000/- having same serial number AD242273 knowing or having reasons to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine and thereby you above named accused Amarjit Singh committed an offence punishable under Section 489-C of the IPC which is within the cognizance of this court.”

The above accused Amarjit Singh pleaded not guilty to the charge, and, claimed trial.

After conclusion of trial, as entered upon Ex. P-9, the learned Additional Sessions Judge/Exclusive Court, Amritsar, on 13.11.2017, upon Sessions Case No. 91, proceeded to draw a verdict of conviction in respect of the above charge, framed against co-accused Amarjit Singh. Moreover, through a separate sentencing order, drawn on 13.11.2017, the learned trial Court, proceeded to impose the hereinafter sentence of imprisonment, upon the convict.

Sr. No.

Name of the convict

Under Section

Sentence

1.

Amarjit Singh

489-C IPC

Rigorous imprisonment for four years, fine of Rs. 10,000/- and in default of payment of fine, further rigorous imprisonment for one year.

The convict becomes aggrieved therefrom, and, has strived to cast an onslaught thereons, through his instituting the instant criminal appeal, before this Court.

The genesis of the prosecution case becomes encapsulated in the FIR, lodged qua the occurrence, and, which becomes embodied in Ex. P- 9. The narrations made thereins are that, on 6.11.2012, ASI Ravail Singh along with other police officials, were going from Police Station to village Varpal, Wanchulli, Butt on private vehicles in connection with special checking of bad elements. When the police party reached near bus stop of Wanchulli, then secret informer gave information that Amarjit Singh son of Harbans Singh and Balkar Singh @ Parra son of Surta Singh, residents of village Dinewal are giving fake Indian currency as genuine and if the raid is conducted at Bundala outside village Butt, they can be apprehended. Upon this information, ASI Ravail Singh along with police party went to the disclosed place. Then from the side of Bundala, two Hindu gentlemen on motorcycle Discover black in colour without number were seen coming. They were stopped by ASI Ravail Singh and on being asked their names, rider of motorcyle told his name as Balkar Singh @ Para son of Surta Singh, resident of village Dinewal and pillion rider told his name as Amarjit Singh son of Harbans Singh, resident of village Dinewal. Then ASI Ravail Singh conducted personal search of accused Balkar Singh and from the right pocket of his pant, a polythene envelope containing 35 Indian currency notes in the denomination of Rs. 1000/- of the same number as 3AD242273 were recovered. Then personal search of accused Amarjit Singh was conducted and from the right pocket of his pant, a polythene envelope containing 65 Indian currency notes in the denomination of Rs. 1000/- of the same number as 3AD242273 were recovered. ASI Ravail Singh prepared two parcels of fake currency notes and sealed with the seal bearing impression 'RS' and same were taken into possession vide separate memo. Sample was also prepared and seal after use was handed over to HC Gurmit Singh. Motorcycle Discover without number was also taken into possession vide separate memo. Investigation was conducted. Accused were arrested in this case. Since accused Balkar Singh died before initiation of the trial, so proceedings against him abated vide order dated 21.2.2015.

At the crime site, through memo, as embodied in Annexure P-1, the investigating officer concerned, made recovery of 35 counterfeit currency notes, each carrying the denomination of Rs. 1,000/-, and, carrying the same series 3AD242273. The above recovery of counterfeit currency notes, as unfolded by Ex. P-1, became effectuated by the investigating officer concerned, from a polythene, kept in the right pocket of the pant of deceased Balkar Singh, which he was wearing at the relevant time. Subsequently, the investigating officer concerned, prepared a separate parcel, whereins, he enclosed the recovered fake currency notes, and, affixed seals therons, with English alphabets 'RS', and, also put two seals bearing superscripts 'RS(s)'. He also separately prepared the sample seal.

Moreover, through Ex. P-2, the investigating officer concerned, proceeded to, at the crime site, make recovery of 65 fake currency notes, each carrying the denomination of Rs. 1,000/-, and, carrying same series AD 242273. The above recovery was made from a polythene, kept in the right pocket of the trouser, which accused Amarjit Singh was wearing, at the relevant time. Subsequently, the investigating officer concerned prepared a parcel, whereins, he enclosed the above seizure, and, made thereons a seal bearing superscript 'RS', and, two seals were affixed thereons. The sample seals were drawn separately.

Both Ex. P-1 and Ex.P-2, became signatured by the investigating officer concerned, and, also thereons occur the signatures of the witnesses thereto. Moreover, through Ex.P-4, the investigating officer concerned, after making a personal search of accused Amarjit Singh, recovered two Indian currency notes in the denomination of Rs. 100/100, and, also recovered five Indian currency notes, in the denomination of Rs. 10/10 each, and the above recovery was effected, from the side pocket of the shirt of accused Amarjit Singh, which he was wearing at the relevant time. The above effected recovery was taken into possession through separate memos, whereons, the witnesses appended their signatures.

Ex. P-5 embodies the memo wherethrough the motorcycle (without registration number), make Discover 125 ST, was taken into possession, and, which became recovered along with the recovery(ies) of counterfeit currency notes, from the possession of accused Balkar Singh, and, accused Amarjit Singh. After the investigating officer concerned, making through the apposite memos, hence the above recoveries of counterfeit notes, they became enclosed in sealed cloth parcels, and, as echoed in Ex. P-12, the apposite sealed parcels became transmitted, through, HC Gurmeet Singh, to Bank Note Press (Dewas), Madhya Pradesh. The examiner concerned, after making analysis of the transmitted to him, rather the currency notes, made a conclusion, that the currency notes received by him, in sealed cloth parcels, were counterfeit, and/or, were fake.

Though, during the course of the recording of the deposition of PW-1, the counterfeit currency notes with the denominations, as reflected in the respectively prepared recovery memos, and, with the respectively made thereons hence serial numbers, did not, rather after the receipt of the opinion of the expert concerned, and, as embodied in Ex. P-12, became produced in the Court, nor any exhibit mark was made thereons. However, during the course of the recording of the deposition of PW-2, the fake Indian currency notes, as received by the Bank Note Press, Dewas, became produced in Court, in sealed cloth parcels, and, after the learned trial Judge permitting the opening of the sealed cloth parcels, hence therefrom the fake currency notes, in the denomination of Rs. 1000/- each, became unearthed. Moreover, during the course of the recording of the deposition of PW-2, the latter deposed, that the motorcycle, whereons, deceased Balkar Singh, was astride as its rider, and, accused Amarjit Singh was occupying pillion thereof, becoming also taken into possession through memo Ex. P-5.

PW-4, Balraj Kaur, who stepped into witness box, in her examination-in-chief, made a deposition, that the recovered motorcycle was assigned registration No. PB46-N-3105, and, it became entered in the records in the name of co-accused Balkar Singh. The effect of the proven recoveries, as made from the respective personal searches of accused Amarjit Singh, and, from the personal search of deceased accused Balkar Singh, and, as became made, through the above alluded seizure memos, each whereof forthrightly reflect, that the seizures became enclosed in sealed cloth parcels, and, whereafter they became transmitted to the Examiner concerned, at the Bank Note Press, Dewas, rather is that, the recovered notes became transmitted from the site of occurrence, to the Bank Note Press, Dewas, hence in an unbroken, and, in an untampered condition, and, thereafter too, they became produced in the Court rather in an unbroken, and, in an untampered condition. Therefore, the opinion, as made by the expert concerned, upon the currency notes, as became received by him, in sealed cloth parcels, requires the assignings thereto hence the gravest evidentiary worth, and, obviously also clinches the charge, drawn against accused-convict Amarjit Singh.

A closest, and, circumspect reading of the depositions, comprised in the cross-examination(s) of the prosecution witnesses concerned, does not disclose, that the learned defence counsel, made any attempt to belittle, the clinching proof as became echoed by the PWs concerned, with respect to the preparation(s) of the memos concerned, at the crime site, and, also with respect to the production in Court, of the seized currency notes, especially, when they became produced in a sealed condition, and, when conspicuously no suggestion became meted to the PWs concerned, suggestive of the fact, that at the time of production of the sealed parcels, in Court, rather the seals as made thereons were either broken or tampered with. In the wake of the above omissions, it becomes imperative for this Court, to make a formidable inference, that the defence has openly acquiesced qua the validity of the preparation of the seizure memos concerned, and, also has candidly acquiesced qua the case property travelling in an unbroken, and, untampered condition, from the stage of its seizure, upto, its production in Court. Consequently, the verdict of conviction, as recorded, upon the appellant herein, becomes amenable for its becoming sustained.

The defence has also not attempted to belittle the recovery of the motorcycle, whereons, the accused concerned, were stride, at the relevant time, whereas, through the deposition of PW-4, the prosecution has proven, that the motorcycle, which though at the relevant stage, did not carry any registration number, but became subsequently assigned registration No. PB46-N-3105, and, that it became entered in the records in the name of co-accused Balkar Singh. Therefore, and, especially when the above deposition, has not been attempted to be belittled, and, nor when the seizure of the crime motorcycle, at the relevant stage, and, as made through the apposite seizure memo, has also remained unattempted to becoming ridden with any falsity. In consequence, it can be firmly concluded, that the narrations, as made in the FIR, to which Ex. P-9 is assigned, about the arrival, at the crime site, of the co-accused, on the crime motorcycle, does carry an aura of solemn truth, and, further that the proceedings which subsequently occurred there, and, as appertaining to the relevant seizures, as made through the relevant memos, being also infused with the completest truth.

Since the volume of the seizure is bulky, and, when no explanation has been made by the accused, about his naivety of his assuming possession of fake currency notes, thereupon, the verdict of conviction, as made against him, does not merit any interference, rather it requires to be upheld, and, sustained.

In consequence, there is no merit in the appeal, and, is hereby dismissed. The impugned verdict, convicting, and, sentencing the accused-appellant Amarjit Singh is maintained, and, upheld. The case property be dealt with, in accordance with law, but after the expiry of the period of limitation for the filing of an appeal.

Records be sent down forthwith.