Counterfeit currency possession and trafficking inference sustained, with conviction upheld and substantive sentence reduced.

Concealed possession of a sizeable quantity of counterfeit currency in a public place, combined with the accused's failure to explain possession in Section 313 CrPC, was treated as sufficient to infer conscious possession and active trafficking for circulation. The charge was held adequate because it fairly informed the accused of the case to meet, and no prejudice arose from the absence of exact statutory phraseology. On those proved facts, the HC held that the conduct fell within Sections 489B and 489C IPC, upheld the conviction, and reduced the substantive sentence.

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Issues: Whether the conviction under Sections 489B and 489C of the Indian Penal Code was sustainable on the proved facts, and whether the sentence called for modification.

Analysis: The seized counterfeit currency notes were recovered from the appellant at a public place in concealed possession, and the surrounding circumstances, including the quantity, serial series, and lack of any explanation in examination under Section 313 of the Code of Criminal Procedure, supported the inference of conscious possession and active transportation for circulation. The language of the charge was held sufficient to inform the appellant of the case he had to meet, and no prejudice was found merely because the precise statutory phraseology was not reproduced. The Court also accepted that the proved facts brought the case within both Section 489B, for trafficking or circulation-related conduct, and Section 489C, for possession with knowledge and intent to use as genuine.

Conclusion: The conviction under Sections 489B and 489C was upheld, but the substantive sentence was reduced.

Ratio Decidendi: Concealed possession of a sizeable quantity of counterfeit currency in public, coupled with the absence of any explanation from the accused, can justify an inference of active trafficking and conscious possession sufficient for conviction under Sections 489B and 489C when the charge adequately apprises the accused of the case against him.

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