Central Bureau of Investigation Vs Kulwant Rai (Delhi High Court)
Delhi High Court held that discrepancy in counting of notes and in some serial numbers cannot be reason for acquittal since prosecution has proved its case of recovery of counterfeit notes beyond reasonable doubt. Accordingly, offence u/s. 489(C) of IPC stands proved.
Facts- A Complaint was received that on the intervening night of 11/12.09.2012, Respondent landed at IGI Airport, Delhi from Bangkok, Thailand by Flight No. TG-315 and was intercepted by the team of Customs. Because of his suspicious movements and an abnormal bulge in the lower part of both his legs, his bag was examined and personal search was conducted, after serving him with a Notice u/s. 102 of the Customs Act, 1962. During his personal search, FICNs to the tune of Rs.6,01,500/- in dominations of Rs.1,000/- and Rs.500/-, which were found concealed in the socks of both of his legs, was recovered. The Case u/s. 120B read with Section 489-B & 489-C Indian Penal Code, 1860, was registered on 13.09.2012.
The genuineness of the recovered currency notes was confirmed by taking accused and the money to the counter of SBI located at the arrival hall of IGI Airport, New Delhi. The recovered Indian currency notes were put through the machine, which rejected all the notes, which prima facie confirmed that the recovered notes were fake. The FICNs were seized by the Customs Officers and a Panchnama dated 11/12.09.2012 was prepared on the spot, which was signed by the independent witnesses.
