JUDGMENT Alok Kumar Basu, J.Appellant Narayan Prasad Sen was convicted under Section 489B/511 and also under Section 489C of the IPC in connection with Shankar Mukherjee, being suspicious of the movement and action of the appellant, reported the matter to the CBI authority and according to suggestion and advice of CBI officials, a trap was laid down on 22nd January, 1995 at "Gyan Sweets" where the appellant was supposed to come along with counterfeit currency notes for exchange.On 22nd January, 1995 as per previous plan, CBI officials were present along with independent witnesses and appellant was apprehended within the shop along with 23 number of 500/- rupee currency notes and 57 number of 100/- rupee currency notes.On interrogation of appellant and without, getting any reasonable explanation from him over his possession of so many counterfeit currency notes, the boarding house at.Sealdah where the appellant was staying temporarily was also searched and a Rs. 100/- denomination note was seized.Search was also made at the official quarter of the appellant at Coachbehar Fire Service Station and a 500/- rupee currency note was seized.CBI, on receipt of a regular complaint from Shankar Mukherjee and after seizure of counterfeit currency notes, started investigation and in course of investigation, obtained expert's report regarding the counterfeit notes and after being satisfied with a strong prima facie case about possession of counterfeit notes by the appellant and his intention to transact with those counterfeit notes, CBI submitted charge sheet against the appellant recommending his trial in open Court under Section 489B/511 and under Section 489C of the IPC.The learned Sessions Judge of City Sessions Court at Calcutta, from the necessary papers placed before it.framed charge against the appellant and since the appellant denied the charge and pleaded his innocence, CBI authority was asked to produce evidence to substantiate the charge framed against the appellant.CBI during trial examined 14 witnesses in all including Shankar Mukherjee, the complainant, several witnesses to search and seizure, Mr. S.K. Joshi.the technical officer of bank note press who submitted report on examination of the counterfeit currency notes and officers of the CBI including the investigating officer.Appellant, during trial and also during his examination under Section 313 of the Cr. PC took a specific plea that out of inter-union rivalry, Shankar Mukherjee hatched a conspiracy against the appellant and in connivance with CBI officers, a concocted case was prepared against the appellant.The learned Sessions Judge of City Sessions Court, after considering the evidence produced by CBI during trial particularly with reference to the search and seizure taken place at "Gyan Sweets", came to the conclusion that appellant, was found in possession of several counterfeit currency notes and with reference to the report of the expert and statement of the expert as P,W,8, the learned Judge came to the conclusion that all the currency notes found in possession of the appellant were counterfeit notes.The learned Judge mainly banking upon the statement of Shankar Mukherjee P.W. 10 followed by search and seizure of the appellant came to further conclusion that appellant had the intention to exchange the counterfeit currency notes and the learned Sessions Judge, therefore, accepted the prosecution case and held the appellant guilty for the offence both under Section 489B/511 and under Section 489C of the IPC.Mr. Roy contends that P.W. Shankar Mukherjee lodged the complaint regarding possession of counterfeit currency notes by the appellant and also regarding the intention of the appellant to put those currency notes in circulation and thereby to make material gain in the form of collection of genuine currency notes.Mr. Roy submits that following the complaint of P.W. Shankar Mukherjee.CBI officials with the help of independent witnesses like Pradip Kr.Roy, Pranab Saha, Pradip Thakwani recovered the currency notes from the possession of the appellant and on examination of those currency notes by P.W. S.K. Joshi, a Government expert it was ascertained that those currency notes were counterfeit notes.In this appeal we have the privilege to consider the written note placed before us both by Mr. Safiullah appearing for the appellant as well as by Mr. Roy representing the CBI authority and we have considered both the written notes along with oral submissions put forward by the learned advocate of both the sides.It will not be out of record to mention that Mr. Safiullah was very much candid and clear that his only point to challenge the order of conviction and sentence centers around the question of legality and propriety of the investigation started by the CBI on the basis of a complaint from a citizen within the territory of this State.Thus, having regard to the submissions of both the sides along with their written note, we are of the view that there is no merit in this appeal.The appeal is, therefore, dismissed.The order of conviction and sentenced passed against the appellant are hereby confirmed.The prayer for certificate to prefer appeal before the Hon'ble Supreme Court is considered and rejected.Pranab Kumar Deb, J.I agree.

Sections cited: Section 511 in The Indian Penal Code