Criminal appeal (MD) nos. 322, 348, 352, 353, 354, 397 of 2006
Miscellaneous petition no. 1 of 2006 in Crl. A. nos. 348 & 322 of 2006
Madras High Court
BENCH: Hon’ble V. Bharatidasan J.
DATE OF JUDGEMENT: 7 September 2017
RELEVANT SECTIONS:
- Section 489A of IPC (Counterfeiting currency-notes and bank-notes)
- Section 489B of IPC (Using as genuine, forged or counterfeit currency notes or bank-notes)
- Section 489C of IPC (Possession of forged or counterfeit currency notes or bank-notes)
- Section 489D of IPC (Making or possessing instruments or materials for forging or counterfeiting currency notes or bank-notes)
- Section 120B of IPC (Punishment for criminal conspiracy)
- Section 109 of IPC (Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment)
BACK HISTORY
On 24 October 2000 Inspector of Police, Q-Branch, Karur received information about the accused were in possession of counterfeit currency from the Q-Branch, Trichy. The Police Inspector and his team inspected the hotel room where the accused were staying. They found that accused Arvindan & accused Thangaraj was in possession of counterfeit currency. According to the confession statement made by accused Arvindan, accused Arockiyanathan, Sri Anand, Karupasamy were also arrested with the possession of Indian counterfeit currency and Srilankan counterfeit currency. All the counterfeit material were recovered and seized in the presence of witnesses. On the same day, at about 11:40 pm, police arrested accused Mahaboob John and recovered many sheets (6 number of 1000 rupees note per sheet) of 1000 rupees unfinished Srilankan counterfeit currency, negatives of 1000 rupees Srilankan currency, negatives of Rs. 50, 100, 500 of Indian currency. On the next day, police also arrested accused Lazar and according to his disclosure statement, 2 numbers of 100 rupees Indian currency, negatives of Rs. 50,100, 500 of Indian currency and a negative of 1000 rupees Srilankan currency were recovered and seized. AccusedRiyaz Ahamed was also arrested in possession of 3 numbers of 100 rupees Indian counterfeit currency note and a negative of 100 rupees Indian currency.
The case was transferred to CBCID Counterfeit Currency Department and they sent all the seized Indian currency to the Nasik Press and Srilankan currency to Srilanka for examination.
All the accused changed for the offences punishable under the sections as follows:
- Aravindan & others U/s. 120B of IPC
- Mahaboob John & Lazar U/s. 489A of IPC
- Aravindan, Arockiyanathan, Sri Anand, Mahaboob John, & Lazar U/s. 489A r/w 109 of IPC
- Aravindan & others U/s. 489C of IPC
- A6 to A8 U/s. 489D of IPC
FORENSIC REPORT
The counterfeit currency recovered from the printing press owned by accused Mahaboob John, which was not in use for quite some time was sent for examination to the Nasik Printing Press as well as Srilankan Central Bank. According to both reports, the seized currency notes were counterfeit currency.
The Indian currency notes and Srilankan currency notes seized and recovered from the possession of accused were sent for the examination to Nasik Printing Press and Srilankan Central Bank respectively. The examination report from Nasik Press indicated that all the seized Indian currency notes were counterfeit. The report from Shrilankan Central Bank also concluded that all Srilankan currency notes obtained from the possession of Aravindan & Thangaraj were the imitation of Srilankan Currency notes.
JUDGEMENT
The court convicted accused Aravindan @ Gawathaman, Arockia Nathan @ Babu, Karupasamy, Thangaraj, Lazar and Riyaz Ahamed under the offence punishable under sections 120B & 489C of IPC and individually sentenced to a period already undergone with a fine of Rs. 10,000/- for each offence in default, they shall suffer simple imprisonment for six months.
Accused Mahaboob John @ Johnboy was convicted under the offence punishable under sections 120B & 489C of IPC and sentenced to the period already undergone with a fine of Rs. 10,000/- for each offence in default, he shall suffer simple imprisonment for six months. He was acquitted from the section 489A of IPC.