Calcutta High Court Upholds Conviction Of Man Caught With Fake Currency Worth ₹94,000, Reduces Sentence

The Calcutta High Court has upheld the conviction of a man for possessing fake Indian currency notes (FICNs) worth ₹94,000, but reduced his three-and-a-half-year prison sentence to the period already undergone, noting that he had served three years, five months and 17 days.

Justice Jay Sengupta directed that the appellant, Md. Ohidul Islam, be released from custody forthwith upon payment of the fine imposed by the trial court, if not already paid, and subject to completion of the necessary formalities.

The Court observed that although the appellant's counsel did not wish to press the matter further because he had nearly completed his sentence, an appeal that had already been admitted could not simply be disposed of as not pressed and had to be decided on merits.

“Once an appeal is admitted, it cannot not be disposed of as not pressed and has to be decided on merits,” the Court observed.

The appeal challenged a January 29, 2026 judgment of the Additional Sessions Judge, Fast Track Court, First Court, Jangipur, Murshidabad, convicting Islam under Section 489C of the Indian Penal Code and sentencing him to rigorous imprisonment for three years and six months, along with a fine of ₹5,000.

During the hearing, the appellant's counsel submitted that Islam had already undergone three years, five months and 17 days of his sentence. Although he had grounds to challenge the conviction, he did not wish to pursue the application any further. Counsel also stated that the fine would be paid at the earliest if it had not already been deposited.

The State opposed the plea, pointing out that an independent witness had supported the seizure.

According to the prosecution, police received secret information on April 26, 2023, that a dealer in fake Indian currency notes would arrive near Chander More in the Suti police station area of Murshidabad to circulate counterfeit notes through a business transaction.

A raiding team was constituted and positioned at the location. At around 12:45 pm on April 27, 2023, the police identified a person who had arrived on a red Bajaj Platina motorcycle and detained him.

The prosecution alleged that searches conducted thereafter led to the recovery of two bundles of counterfeit ₹500 notes from the right pocket of the trousers worn by the accused. One bundle contained 100 notes worth ₹50,000, while the other contained 88 notes worth ₹44,000, taking the total to ₹94,000.

The notes were allegedly found not to conform to genuine Indian currency. During interrogation, the accused reportedly disclosed that he had collected the fake notes from an agent in Bangladesh.

An FIR was registered, followed by the submission of a charge sheet. During the trial, the prosecution examined 12 witnesses, including three seizure witnesses, and produced 20 exhibits, including an expert report.

Court's Findings

After examining the evidence, Justice Sengupta found that the prosecution had established its case beyond reasonable doubt.

The Court noted that the appellant had been caught with the counterfeit notes and that the testimony of the witnesses, including the seizure witnesses, along with the expert opinion, supported the prosecution's case.

“Considering the above, the other evidence and the materials on record, I find no reason to take a different view that the Trial Court, as regards the conviction of the appellant,” the Court held.

However, taking into account the substantial period of imprisonment already undergone by the appellant, the Court affirmed the conviction while modifying the sentence to the period already served.

The appeal was accordingly disposed of, with a direction for the appellant's release upon payment of the fine, if outstanding, and completion of the necessary formalities.

Case: Md. Ohidul Islam Vs. The State of West Bengal