PRAMOD RADHAKISAN THAKRE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2022-2-220
HIGH COURT OF BOMBAY
Decided on February 04,2022

Pramod Radhakisan Thakre Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

ASHRAF HUSSAIN SHAH VS. STATE OF MAHARASHTRA [REFERRED TO]
TULSHIRAM BHANUDAS KAMBALE AND ORS. VS. STATE OF MAHARASHTRA [REFERRED TO]
ASIM JAMALODDIN MOMIN VS. STATE OF MAHARASHTRA [REFERRED TO]


JUDGEMENT

- (1.)This Appeal is preferred under Sec. 374 of Cr.P.C., challenging the judgment and order dtd. 15/3/2019, passed by the Court of Additional Sessions Judge-6, Nashik, in Sessions Case No.145 of 2009, convicting the appellant for the offence punishable under Sec. 489(c) read with 34 of Indian Penal Code ("IPC', for short), and sentencing him to suffer rigorous imprisonment for seven years and to pay fne of Rs.25,000.00, and in default, to suffer simple imprisonment for one year.
(2.)The case of the prosecution is as follows: Senior P.I. Mr.A.T. Powar attached to Gangapur Police Station, Nashik received information to the effect that some persons are indulging in counterfeiting the currency notes in a shop named as, "Mobile World' owned by one Sanjay Varma situated at D'souza Colony, Near Swami Samarth Chowk, Gangapur road, Nashik, and the counterfeit currency notes are being circulated. On receipt of the information, he summoned police offcers on 19/11/2008 and informed them about the information received by him. Panchas were called and they were appraised about the information received by him. Thereafter, the police offcers and the panch witnesses visited the said shop. One person who found present at the premises who disclosed his name as Sudhakar Pande (accused no.1) and currency notes having denomination of Rs.1000.00, and half printed notes of Rs.500.00 denomination were recovered from the said shop. The instruments, such as, Laptop, LCD, CPU, Laser Printer, xerox machine, lamination machines, paper cutter, ink bottle etc., were also seized and the pananchama in that regard was recorded (Exhibit-57). FIR was recorded with Gangapur police station vide C.R.No.I-226 of 2008, was registered on 20/11/2008. Accused Sudhakar Pande was arrested. During his custodial interrogation, he gave statement to the police recorded under Sec. 27 of Indian Evidence Act. He disclosed that Sanjay Varma and Pramod Thakre (appellant) hatched the conspiracy to counterfeit and circulate fake currency notes of the denomination of Rs.1000.00 and Rs.500.00, while they were in jail. The notes were counterfeited and kept in Zen Car. Accused Sudhakar Pande, took the police party to D'souza colony and showed the Zen car bearing No.MH-15/AF-5555, which was parked at the said place. On inquiry, the name and address of the owner of the car was disclosed as Pramod Thakre (accused no.3). The currency notes were kept under the back seat of car. There was a Saffron colour bag containing counterfeit notes and having stamp of Mobile World Shop. On search of the car, currency notes of denomination of Rs.1000.00, containing 900 notes were recovered and seized. The driving licence of accused no.3 was also recovered. Panchanama (Exhibit-76-A) was prepared. During the course of investigation, the recovered currency notes were sealed. Thereafter, the currency notes were sent to Forensic Science Laboratory for analysis. The report of FSL was received indicating that all the currency notes were fake. Accused were arrested. On completing investigation charge-sheet was fled for the offences under Ss. 489-A, 489-B and 489-C of IPC. The other accused are absconding.
(3.)Charge was framed by order dtd. 2/5/2015, under Sec. 489-A read with 34, 489-B read with 34 and 489-C read with 34 of IPC, against the appellant.


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