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TMI Blog1992 (10) TMI 256X X X X Extracts X X X X X X X X Extracts X X X X ..... re found in possession of instruments and other materials intended to be used for the purpose of counterfeiting stamps. The trial court acquitted all of them. The State preferred an appeal. The High Court while confirming the acquittal of other accused, however, convicted the appellant Joti Parshad under Section 258 and 259 I.P.C. and sentenced him to undergo three years' R.I. and a fine of ₹ 500/- on each count and in default of payment of fine to undergo further R.I. for three months on each count, on the ground that the prosecution proved that the appellant had been selling counterfeit court-fee stamps and while doing so he had knowledge or atleast reason to believe that the said stamps which he was selling were is counterfeit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused had been one of denial. For the purpose of the present case we are not concerned with that part of the prosecution case against A-2 to A-5 whose acquittal has been confirmed by the High Court. So far the present appellant is concerned he took the plea that he was a petty stamp vendor at Jagadhari and he was arrested on mere suspicion and that he purchased all the stamps judicial as well as non-judicial from the treasury at Jagadhari for sale to the public and that he had no link or any connection with the other accused. The trial court acquitted all the accused mainly on the ground that P.W. 11 Madan Lai had been appearing as a police witness in a number of cases and that his antecedents are questionable and many of the seizures ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce that counterfeit stamps were recovered from the appellant concluded that the appellant had knowledge or reason to believe that the stamps which he had been selling were counterfeit ones and accordingly found him guilty as stated above. 2. Chapter XII of the Indian Penal Code deals with the offences relating to coins and government stamps. Sections 255 to 263-A I.P.C. in this Chapter deal with offences relating to government stamps. For the purpose of present case we arc concerned only with Sections 258 and 259 and they are in the following terms: 258. Sale of counterfeit Government stamp - Whoever sells, or offers for sale, any stamp which he knows or has reason to believe to be a counterfeit of any stamp issued by Government for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are now concerned with the expressions "knowledge" and "reason to believe". "Knowledge" is an awareness on the part of the person concerned indicating his state of mind. "Reason to believe'" is another facet of the state of mind. "Reason to believe" is not the same thing as "suspicion" or "doubt" and mere seeing also cannot be equated to believing. "Reason to believe" is a higher level of state of mind. Likewise "knowledge" will be slightly on higher plane than "reason to believe". A person can be supposed to know where there is a direct appeal to his senses and a person is presumed to have a reason to believe if he has sufficient cause ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ased by him from the treasury. A bare allegation by way of an explanation by the accused-appellant that he purchased all the stamps including the counterfeit ones from the treasury appears on the face of it to be false, as he has neither produced registers maintained by him nor did he make even an effort to summon the treasury records. There is no material whatsoever even to probablise such a plea. In these circumstances the only inference that can be drawn is that he had "knowledge" and "reason to believe" that the stamps which he had in his possession and which he was selling or offering to sell, were counterfeit ones. These ingredients of the two provisions of law are fully established. Therefore the convictions are c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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