Md. Ohidul Islam convicted under Section 489C IPC for carrying Rs.94,000 in counterfeit notes; sentence modified considering time already served
In a recent judgment dated October 14, 2026, the Calcutta High Court, presided over by Justice Jay Sengupta, affirmed the conviction of Md. Ohidul Islam for possession of fake Indian currency notes under Section 489C of the Indian Penal Code (IPC). The appellant was found guilty of carrying 188 counterfeit notes of Rs.500 denomination each, amounting to Rs.94,000.
The case originated from a police operation on April 27, 2023, based on secret information received regarding the circulation of fake currency notes near Chander More, under the jurisdiction of Suti Police Station in Murshidabad. Acting on the tip-off, police officers arrested the appellant, who was found with two bundles of fake notes concealed in his clothing. The recovery was supported by independent seizure witnesses and confirmed by expert forensic examination.
During the trial, the prosecution presented 12 witnesses, including three seizure witnesses, and submitted 20 exhibits, among them the expert report certifying the currency as counterfeit. The court found the evidence sufficient to prove the appellant's guilt beyond reasonable doubt.
Although the trial court sentenced Md. Ohidul Islam to rigorous imprisonment for three years and six months with a fine of Rs.5000, the High Court noted that the appellant had already served three years, five months, and seventeen days of this sentence. Taking into account the time already spent in custody, the High Court modified the sentence to the period served and ordered the appellant's release upon payment of the fine, if not already paid, subject to completing necessary formalities.
The judgment also clarified a procedural point, stating that once an appeal is admitted, it cannot be dismissed as not pressed but must be decided on merits, ensuring fair judicial process.
This ruling underscores the judiciary's firm stance against the circulation of fake currency while balancing the principles of justice by considering the appellant's time served.
Bottom Line:
Appeal against conviction under Section 489C of the Penal Code for possession of fake Indian currency notes - High Court affirmed conviction on merits as prosecution proved recovery of FICNs through seizure witnesses and expert evidence - However, considering that appellant had already undergone almost the entire sentence, sentence was modified to the period already undergone, subject to payment of fine.
Statutory provision(s):
Section 489C, Indian Penal Code, 1860
Md. Ohidul Islam v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2998821
