IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40112 OF 2009 1. MD.ABU ZAFAR @ ABU ZAFAR, SON OF LATE MAJID ALI 2. MD. MOKHTAR ALAM, SON OF MD. ABU ZAFAR 3. MD. ASFAQ ALAM, SON OF MD. ABU ZAFAR 4. MD. MUSTAQUE @ MD. MUSTAQUE ALAM, SON OF MD. ABU ZAFAR 5. MD. KALIM HASAN @ MD. KAMIL HASAN, SON OF MD. WALI 6. MD. ISTEHAQUE ALAM @ ISTEHAQUE ALAM, SON OF MD. ABU ZAFAR ALL RESIDENT OF VILLAGE HARDIYA, POLICE STATION MUFFASIL, DISTRICT BEGUSARAI …………………………………………………………………..PETITIONERS VERSUS THE STATE OF BIHAR ********* FOR THE PETITIONERS :- MR. KRISHNA PD. SINGH, SR. ADV. MR. MANISH KUMAR-3, ADV. FOR THE S T A T E :- MR. GOPESH KUMAR, A.P.P. *************** 2 14.01.2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The point raised by the Counsel for the petitioners is restricted to the application of Section 489 A and 489 B of the Indian Penal Code in the facts of this case. The prosecution case is that on raid being made, certain arms etc. along with cash were recovered from the house of the petitioners. It is stated that 205 notes of Rs. 500/- denominations and 200 notes of Rs. 100/- denominations were recovered from the house of the petitioners which was allegedly counterfeit. Learned Counsel for the petitioners submits that these notes 2 were sent to the Reserve Bank of India for examination and the Reserve Bank of India found that only five notes of Rs. 500/- denominations were counterfeit whereas the others were genuine. It is also a fact that the Reserve Bank of India has opined that unless these notes are cross-checked at the Nasik Centre, it cannot be said that these notes are counterfeit or not. The provisions of Section 489 A of the Indian Penal Code reads as follows:- “Counterfeiting currency-notes or bank- notes.- Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” Similarly, Section 489B of the Indian Penal Code reads as follows.- “Using as genuine, forged or counterfeit currency-notes or bank-notes- Whoever sells to, or buys or receives from, any other person, or otherwise traffics in or uses as genuine, any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with 3 imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” It is submitted that there is no allegation that the petitioners were preparing or manufacturing counterfeit notes or that they were using or had received or that they were selling, buying or receiving these counterfeit notes. On the basis of the aforesaid facts, it is submitted that these sections would not apply to the case of the petitioners. This Court finds that prima facie there is some weight in the submission made on behalf of the petitioners which have to be determined on the basis of the facts that emerge in the case diary. This Court also finds that at the most, the charges can be made against the petitioners would be under Section 489 C of the Indian Penal Code subject of course to the fact that the prosecution has to prove that (a) notes are forged, (b) that the petitioners had knowledge that the notes were forged and (c) that they were intending to use these notes for any purpose whatsoever. In the result, the order dated 25.08.2009 is quashed and the matter is remitted back to the Additional Sessions Judge, Fast Track Court No. I, Begusarai in Sessions Trial No. 495 of 2009 (arising out of Begusarai Muffassil Police Station Case No. 140 of 4 2008) to reconsider the materials on records in light of the provisions of the law and pass appropriate orders in accordance with law. Anand ( Sheema Ali Khan, J.)