Appellants Mehboob Ali and Firoz were companyvicted and sentenced under section 489B read with section 120B IPC for 5 years RI and fine of Rs.1,000/ in default to suffer one month simple imprisonment.
Accused Anju Ali had furnished information memo P43 dated 7.1.2004 that he had obtained the currency numberes in the denomination of Rs.500 from Majhar and he would identify Majhar.
Anju Ali identified Majhar while he was standing near ISBT.
As per information furnished by accused Mehboob and Firoz vide memos P41 and P42, the fact has been discovered by Police as to the involvement of accused Anju Ali which was number to the knowledge of the Police.
The fake currency numberes have been recovered from the possession of Puran Mal, Anju Ali, Majhar and Liyakat Ali.
Other accused persons Liyakat Ali and Puran Mal were also companyvicted.
On the basis of his information on being identified by Anju Ali, Majhar was arrested on 9.1.2004 at 8.15 p.m. when he was standing near ISBT, where Metro Railway was under companystruction.
Anju Ali was arrested on being identified by Mehboob Ali and Firoz when they were taken from Jaipur to Delhi and the recovery of forged currency numberes was made from Anju Ali.
Case under section 489C read with section 120B IPC was registered.
Currency numberes worth Rs.48,220 were recovered from Majhar.
Some semi made currency numberes of Rs.500 denomination and equipments for fabricating numberes were also recovered from his possession and on the basis of the information furnished by him, additional forged currency numberes of the value of Rs.2 lakhs were recovered from his Indica car.
With respect to accused Majhar, information P43 was furnished by accused Anju Ali.
The recovered currency numberes were sent to Indian Security Press, Nasik.
Majhar in turn informed that he used to receive fake currency numberes from Liyakat Ali.
Mehboob and Firoz informed the Police that they have obtained the currency numberes from Anju Ali, and they would identify Anju Ali.
Three currency numberes were of the same number.
Anju Ali in turn informed that he used to receive the currency numberes from accused Majhar.
The information was recorded by Raghuveer Singh, IO.
It is apparent from the facts of the case that initially accused Puran Mal was arrested and from his possession forged currency numberes were recovered.
Report P 34 was submitted.
Thus the information furnished by the aforesaid accused persons vide information memos is clearly admissible which has led to the identification and arrest of accused Anju Ali and as already stated from possession of Anju Ali fake currency numberes had been recovered.
Liyakat Ali was arrested and from his possession currency numberes of the value of Rs.2,39,500/ were recovered.
Police was number aware of accused Anju Ali as well as the fact that he was dealing with fake currency numberes which were recovered from him.
Raghuveer Singh, SHO, identified the articles recovered from Puran Mal, Anju Ali, Majhar etc.
Mehboob and Firoz were arrested on information furnished by accused Puran Mal.
All the currency numberes were found to be forged.
The trial companyrt as well as the High Court have companyvicted and sentenced the appellants as aforesaid, hence the appeals.
From Ram Gopals house currency numberes worth Rs.41,900/ were recovered from the possession of Puran Mal.
On the information and identification of Anju Ali, Majhar was arrested and on his search, fake currency numberes of the value of Rs.48,220/ were recovered.
Besides, Vinod Sharma PW11, Mukesh Yadav PW13 and Mahaveer Singh PW24 have also supported the factum of recovery and furnishing of information.
Both of them informed that forged currency numberes were supplied to them by Usman Bhai and Anju Ali residents of Delhi, and they would identify them.
In the appeal preferred by Mehboob Ali and Firoz, it was submitted by learned senior companynsel appearing on their behalf that the companyfessional statement of the accused recorded under section 27 of Evidence Act was number admissible as there is numberrecovery of the currency numberes from their possession.
Shyam Singh, PW 16, Manager of RBI stated that the seized currency numberes were companynterfeit.
Both PW11 and PW13 have companyfirmed their signatures on the memos.
They also identified the person who was sitting in the car as Anju Ali for which memo Ex.
Mukesh PW 13 has proved memo P43.
They have been proved to be fake on the basis of the aforesaid reports submitted by the Indian Security Press, Nasik Road.
Mukesh Yadav, PW 13, has also supported that he had taken the Police to Delhi and Mehboob and Firoz have pointed out that Anju Ali was in the car on the basis of that he was arrested vide memo P30.
Reports sent by Security Press are exhibits P 46, P 47, P 48 and P 51.
From possession of accused Puran Mal, 5 currency numberes of Rs.100 denomination were found.
They were taken to Delhi.
He was arrested vide Memo P 6 and recovery memo P 7 was drawn.
The prosecution examined in all 28 witnesses and 53 documents were exhibited.
P16 and also supported the factum of visiting Delhi along with Police.
Vide recovery memo P19, currency numberes in the denominations of Rs.500, Rs.100 and Rs.20 aggregating to Rs.48,220/ were recovered from Majhar.
P16 was prepared and signatures of two witnesses Mukesh Yadav PW13 and Vinod Sharma PW11 were also obtained.
Vinod PW11, has also admitted his signatures on P 31.
Mukesh Yadav PW13 also supported that he had taken the Police to Delhi by his Qualis No.
Shyam Singh, Manager, PW16, has proved the sending of the currency numberes to Indian Security Press.
The companyfession made under the Police custody was inadmissible thus, there was numberevidence to companyvict the appellants Mehboob and Mohd.
There both of them identified one Maruti car DL 3C V 2927 in Street No.13, Seelampur, Delhi.
As per the prosecution case, on 6.1.2004 FIR No.459 of 2003 was registered at Police Station Ramganj, Jaipur in State of Rajasthan.
The currency numberes have been proved to be forged and companyrectness of reports in this regard has number been questioned in the appeals.
RJ 14 7C 4668 and took the policemen from Jaipur to Delhi.
In defence 3 witnesses were examined.
The evidence with respect to how material was deposited in the store house had also been adduced by the prosecution.
On interrogation Puran Mal informed that he had received the currency numberes from Mehboob, Firoz and Ram Gopal.
On the basis of information furnished by him that the currency numberes were handed over to him by accused Mehboob and Firoz, they, in turn, have unfolded the entire sequence leading to arrest of accused Anju Ali.
The fact is also supported by Mahaveer Singh PW24.
Vinod PW 11 and Mukesh Yadav PW13 have signed the memo P16.
RJ14T 5649.
On search of Majhar currency numberes of the denominations of Rs.500, Rs.100 and Rs.20 were recovered vide memo P19 from the small bag kept by him in the socks of his left foot.
He had taken the accused Mehboob and Firoz to Delhi.
On arrest of Anju Ali vide memo P13 and on search from his right side pocket of Pant, 350 forged currency numberes in the denomination of Rs.500 totalling Rs.1,75,000/ were recovered which were also found to be forged.
Remaining two currency numberes also bore the same number which were apparently forged.
On identification made by them Anju Ali was arrested and fake currency numberes of the value of Rs.1,75,000/ were recovered from his possession.
Identification of Anju Ali by Mehboob Ali and Firoz was also supported.
He drove Vehicle No.
On search of Anju Ali, 350 forged currency numberes in the denomination of Rs.500 worth Rs.1,75,000/ were seized vide recovery memo P 26.
Majhar was arrested vide Memo P 31.
ARUN MISHRA, J. The appeals have been preferred against the companymon judgment and order dated 28.5.2009 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in Criminal Appeal Nos.39/2006 and 40/2006 and other companynected matters, thereby upholding companyviction and sentence of the appellants for companymission of offence under section 489C for 3 years RI, for section 489B read with section 120B IPC of IPC five years RI and fine of Rs.1000/ each in default to further undergo one month simple imprisonment.
