Delhi Court Acquits Man in Fake Currency Case Over Investigation Errors
In a recent ruling, a Delhi court has exonerated Deepak Mandal, who faced charges for allegedly possessing and distributing counterfeit Indian currency notes. The acquittal came after the court identified significant lapses in the police investigation, notably the presence of the First Information Report (FIR) number on documents that were prepared before the FIR was officially filed. This case, cited as State v. Deepak Mandal, underscores the importance of procedural accuracy in criminal investigations.
Case Background and Key Findings
Additional Sessions Judge Amit Bansal, presiding over the Rouse Avenue Courts, noted that the police did not seize the bags supposedly used to conceal the fake currency, despite their critical role in the prosecution’s narrative of events. This oversight, alongside the premature appearance of the FIR number on key documents, cast serious doubt on the integrity of the case presented by law enforcement.
Judge Bansal remarked, “The number of FIR given on the top of the aforesaid documents clearly indicates that either the FIR was recorded prior to the alleged recovery or the number of the said FIR was inserted in these documents after its registration. In both situations, it seriously reflects upon the veracity of the prosecution version and creates a great deal of doubt about the recovery of fake Indian currency notes (FICNs) in the manner as alleged by the prosecution.”
Details of the Alleged Offense
Mandal was apprehended on the night of August 9, 2018, near the DTC Bus Depot at Khanpur, Delhi. Charged under Sections 489B and 489C of the Indian Penal Code, he was accused of intending to circulate fake notes valued at ₹4 lakh, supposedly offering them in exchange for ₹2 lakh in genuine currency. The prosecution’s narrative involved police officer HC Manoj acting as a decoy buyer, equipped with a dummy wad of notes to facilitate a sting operation.
The operation reportedly led to the discovery of 200 counterfeit ₹2,000 notes handed over to the decoy, with an additional 175 such notes allegedly found in Mandal’s possession. However, the Currency Note Press in Nashik later confirmed these notes were counterfeit.
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Court’s Reasoning and Acquittal
The court observed several discrepancies, beginning with the timeline of events. The alleged recovery occurred around 9:50 pm on August 9, 2018, with the FIR process beginning only at 4:40 am the next day. Yet, crucial documents bore the FIR number, despite being prepared before the FIR’s registration. This anomaly was not explained by the prosecution, leaving the court to conclude that the FIR number was either preemptively assigned or later added, both scenarios undermining the prosecution’s case.
Furthermore, the court criticized the failure to seize the bags containing the fake currency, deemed “material pieces of evidence,” and the absence of independent witnesses despite the public nature of the location. Inspector Ishwar Singh, a key figure in the operation, was neither cited nor called as a witness, further weakening the prosecution’s position.
As a result, the court ruled that the prosecution had not satisfied the burden of proof beyond a reasonable doubt, leading to Mandal’s acquittal. The defense was represented by Amicus Curiae RHA Sikander, while Additional Public Prosecutor Gyan Prakash Ray represented the state.
