Amit Kumar v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/2/2022 Amit Kumar ... Petitioner Vs.

The State ... Respondent Mr. Gopala Binnu Kumar ... for the petitioner Mr. Sumit Karmakar ... for the State June 29, 2022 [GNC] Item No.10 The petitioner has challenged the order dated 7th September, 2021 passed by the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in Sessions Case No.16 of 2020 wherein the prayer of the petitioner for discharge under Section 227 of the Code of Criminal Procedure was rejected.

Learned Advocate for the petitioner argued that the parameters of section 489C of the Indian Penal Code is not adhering in this particular case according to the materials collected by the Investigating Agency, as the Investigating Agency has failed to show before a Court law that there was any intention of the present petitioner to utilize the said alleged fake currency/currencies which were seized from the possession of the petitioner.

Learned Advocate further submitted that in this case the majority of witnesses are official witnesses attached with the police department and the present petitioner was a Navy Officer and he has been falsely implicated in the instant case. Learned Advocate has emphasized on the issue none of the nine witnesses who had been relied upon by the prosecution

do state regarding the use of such currency and mere possession itself cannot foist any criminal liability upon the petitioner who is associated with the Indian Army. I have perused the documents which includes the statements of witnesses, seizure list as also the impugned order which has been challenged by the petitioner in the instant case. Although the subject matter of the case involves two fake currency notes alleged to be fake, however, the police authorities acted on source information and they were correct in apprehending the petitioner.

Without going into the details or factual analysis and approach of the case, I am of the opinion that the facts which are elucidated from the materials collected by the Investigating Agency and the stage at which the petitioner has asked to decide the issue is premature, as at this stage the Court is supposed to weigh the materials collected by the investigating agency and arrive at an opinion whether the suspicion is "grave suspicion" or "some suspicion".

Having regard to the facts of the present case, I am of the opinion that there is "grave suspicion" and without the evidence being led before the learned Trial Court, there is no scope for interference.

As such, I do not intend to interfere with the order so passed by the learned Sessions Judge.

Accordingly, CRR/2/2022 is dismissed.

Pending applications, if any, are consequently disposed of.

The learned Trial Court is directed to proceed with the trial of the case.

Parties are directed to act on the server copy of this order duly uploaded on the official website of the Hon'ble Calcutta High Court.

( Tirthankar Ghosh, J.)