Delhi District Court
State Vs. (1) Shajaha vs . Shajad on 19 November, 2014
IN THE COURT OF Dr. KAMINI LAU: ADDL. SESSIONS
JUDGEII (NORTHWEST): ROHINI COURTS: DELHI
Sessions Case No. 13/2014
Unique Case ID No.: 02404R0074262014
State Vs. (1) Shajaha Vs. Shajad
S/o Nanak
R/o VPO Purshottampur
PS Chaura Dano
Distt.: East Champaran, Bihar.
(Acquitted)
(2) Mahesh Prasad
S/o Rajender Parsad
R/o VPO Purshottampur
PS Chaura Dano
Distt.: East Champaran, Bihar.
(Acquitted)
(4) Mohd. Nishar
S/o Mohd. Idrish
R/o VPO Garhiya,
PS Madhuban
Distt.: East Champaran, Bihar.
(Acquitted)
FIR No. 06/2014
Police Station: Crime Branch
Under Sections: 489B/489C/120B Indian Penal Code.
Date of Committal to Sessions Court : 19.03.2014
Date on which orders were Reserved : 19.11.2014
Date on which Judgment Pronounced : 19.11.2014
State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 1 of 72
JUDGMENT:
BRIEF FACTS:
(1) As per the allegations, on 11.01.2014 at about 4.10 PM at opposite BC Block, near Adarsh Nagar Railway Station, Shalimar Bagh side the accused namely Shahjha @ Shajad, Mohd. Nishar and Mahesh Parsad entered into a conspiracy pursuant to which the accused Shahjha @ Shajad was found using / in possession of 10 Currency Notes of the denomination of Rs.1000/ each bearing number 4CB933847, 4CB 595592, 4CB 595597, 4BN 468980, 7GR 972126, 7GR 972135, 7GR 972138, 7GR 972140, 7GR 974703, 7GR974717 and 07 other Currency Notes of denomination of Rs.1000/ each bearing number 4BN 094752, 5CH 851359, 3DS 561494, 1DN 631815, 3AH 013017, 3BT 797090 0EK 446333 as recovered from his personal search. He was also found in possession / using of one bundle of 140 Currency Notes of the denomination of Rs.
1,000/ each bearing number 4BN 953702, 4BN 953703, 4BN 953705, 4BN 953706, 4BN 953707, 4BN 953710, 4BN 953713, 4BN 953714, 4BN 953716, 4BN 953720, 4BN 953734, 4BN 953735, 4BN 953742, 4BN 953745, 4BN 953759, 4BN 953760, 4BN 953761, 4BN 953762, 4BN 953763, 4BN 953765, 4BN 953766, 4BN 953767, 4BN 953768, 4BN 953769, 4BN 953770, 4BN 953772, 4BN 953779, 4BN 953787, 4BN 955925, 4BN 955943, 4BN 955944, 4BN 955948, 4BN 955949, 4BN 955952, 4BN 955953, 4BN 955954, 4BN 955955, 4BN 955956, 4BN State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 2 of 72 955957, 4BN 955959, 4BN 955960, 4BN 955961, 4BN 955964, 4BN 955969, 4BN 955970, 4BN 955971, 4BN 955972, 4BN 955973, 4BN 955976, 4BN 955980, 4BN 955981, 4BN 955982, 4BN 955984, 4BN 955986, 4BN 958504, 4BN 958505, 4BN 958507, 4BN 958512, 4BN 958581, 4BN 958582, 4BN 958582, 4BN 958584, 4BN 958586, 4BN 958588, 4BN 958589, 4BN 958590, 4BN 958591, 4BN 958592, 4BN 958594, 4BN 958595, 4BN 958596, 4BN 958597, 4BN 958598, 4BN 958599, 4BN 958600, 4BN 964512, 4BN 964518, 4BN 964522, 4BN 964523, 4BN 964524, 4BN 964525, 4BN 964537, 4BN 964538, 4BN 964540, 4BN 9645, 4BN 964556, 4BN 964549, 4BN 964567, 4BN 964586, 4BN 964587, 4BN 964588, 4BN 964593, 4BN 964935, 4BN 964936, 4BN 964963m 4BN 964964m 4BN 964965, 4BN 964973, 4BN 969006, 4BN 969008, 4BN 969009, 4BN 969010, 4BN 969011, 4BN 969012, 4BN 969013, 4BN 969016, 4BN 969017, 4BN 969018, 4BN 969019, 4BN 969020, 4BN 969021, 4BN 969022, 4BN 969030, 4BN 969050, 4BN 969051, 4BN 969052, 4BN 969053, 4BN 969054, 4BN 969056, 4BN 969057, 4BN 969058, 4BN 969059, 4BN 969060, 4BN 969061, 4BN 969062, 4BN 969063, 4BN 969065, 4BN 969070, 4BN 969078, 4BN 969089, 4BN 969096, 4BN 969097, 4BN 969098, 7GR 974734, 7GR 974764, 7GR 974778, 7GR 975485, 7GR 981474, 7GR 966199, 7GR 982468 as genuine which were found to be counterfeit currency notes.
(2) It is further alleged that on 11.01.2014 at about 4.10 PM at State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 3 of 72 opposite BC Block, near Adarsh Nagar Railway Station, Shalimar Bagh side, the accused Mohd. Nishar was found in possession / using of one bundle of 150 Currency Notes of the denomination of Rs.1,000/ each, bearing number 4CB 972510, 4CB 972511, 4CB 972512, 4CB 972514, 4CB 972517, 4CB 972520, 4CB 972523, 4CB 972534, 4CB 972538, 4CB 972543, 4CB 972545, 4CB 972549, 4CB 972550, 4CB 972554, 4CB 597602, 4CB 597606, 4CB 597610, 4CB 597612, 4CB 597614, 4CB 597628, 4CB 597642, 4CB 597643, 4CB 597644, 4CB 597647, 4CB 597649, 4CB 597651, 4CB 597654, 4CB 597666, 4CB 597672, 4CB 597680, 4CB 597690, 4CB 597697, 4CB 597699, 4CB 597804, 4CB 597805, 4CB 597807, 4CB 597826, 4CB 597833, 4CB 597836, 4CB 597837, 4CB 597841, 4CB 597847, 4CB 597854, 4CB 597855, 4CB 597857, 4CB 597859, 4CB 597864, 4CB 597874, 4CB 597875, 4CB 597876, 4CB 597920, 4CB 597939, 4CB 597941, 4CB 597959, 4CB 597952, 4CB 597953, 4CB 597956, 4CB 597958, 4CB 597961, 4CB 597963, 4CB 597965, 4CB 597966, 4CB 597968, 4CB 597970, 4CB 597977, 4CB 597980, 4CB 597981, 4DP 968201, 4DP 968202, 4DP 968203, 4DP 968205, 4DP 968206, 4DP 968208, 4DP 968210, 4DP 968211, 4DP 968212, 4DP 968214, 4DP 968215, 4DP 968218, 4DP 968219, 4DP 968220, 4DP 968221, 4DP 968222, 4DP 968224, 4DP 968225, 4DP 968227, 4DP 968228, 4DP 968229, 4DP 968230, 4DP 968235, 4DP 968237, 4DP 968240, 4DP 968253, 4DP 968256, 4DP 968257, 4DP 968258, 4DP 968259, 4DP 968260, 4DP 968264, 4DP 968265, 4DP State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 4 of 72 968266, 4DP 968268, 4DP 968271, 4DP 968273, 4DP 968274, 4DP 968281, 4DP 968282, 4DP 968284, 4DP 968285, 4DP 968288, 4DP 968289, 4DP 968296, 4DP 480821, 4DP 480822, 4DP 480825, 4DP 480827, 4DP 480828, 4DP 480835, 4DP 480836, 4DP 480837, 4DP 480838, 4DP 480839, 4DP 480841, 4DP 480842, 4DP 480844, 4DP 480846, 4DP 480847, 4DP 480849, 4DP 480853, 4DP 480855, 4DP 480856, 4DP 480857, 4DP 480858, 4DP 480860, 4DP 480862, 4DP 480866, 4DP 480867, 4DP 480868, 4DP 480871, 4DP 977010, 4DP 977029, 4DP 977031, 4DP 977033, 4DP 977034, 4DP 977035, 4DP 977036, 4DP 977037, 4DP 977038 4DP 977039 as genuine, which were found to be counterfeit currency notes.
(3) It is further alleged that on 11.01.2014 at about 4.10 PM at opposite BC Block, near Adarsh Nagar Railway Station, Shalimar Bagh side, the accused Mahesh Prasad was found in possession / use of one bundle of 150 Currency Notes of the denomination of Rs.1,000/ each, bearing number 7GR 976009, 7GR 976022, 7GR 976023, 7GR 976024, 7GR 976027, 7GR 976030, 7GR 976032, 7GR 976033, 7GR 976035, 7GR 976053, 7GR 976054, 7GR 976055, 7GR 976056, 7GR 976057, 7GR 976060, 7GR 976063, 7GR 976065, 7GR 976068, 7GR 976069, 7GR 976070, 7GR 976072, 7GR 976073, 7GR 976074, 7GR 976075, 7GR977931, 7GR977933, 7GR977934, 7GR977937, 7GR977938, 7GR977941, 7GR977969, 7GR977971, 7GR977972, 7GR 997601, 7GR 997614, 7GR 997615, 7GR 997616, 7GR 997625, 7GR 997643, 7GR State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 5 of 72 997661, 7GR 997673, 7GR 997675, 7GR 997699, 7GR 997700, 7GR 998202, 7GR 998205, 7GR 998206, 7GR 998212, 7GR 998226, 7GR 998233, 7GR 998243, 7GR 998245, 7GR 998246, 7GR 998247, 7GR 998251, 7GR 998252, 7GR 998253, 7GR 998261, 7GR 998262, 7GR 998263, 7GR 998267, 7GR 998271, 7GR 998292, 7BB 956306, 7BB 956308, 7BB 956309, 7BB 956311, 7BB 956315, 7BB 956319, 7BB 956325, 7BB 956330, 7BB 956340, 7BB 956345, 7BB 956346, 7BB 956347, 7BB 956348, 7BB 976622, 7BB 976623, 7BB 976624, 7BB 976626, 7BB 976629, 7BB 976634, 7BB 976641, 7BB 976643, 7BB 976645, 7BB 976646, 7BB 976648, 7BB 976649, 7BB 976652, 7BB 976654, 7BB 976655, 7BB 976656, 7BB 976659, 7BB 976660, 7BB 976662, 4DP 470001, 4DP 470010, 4DP 470018, 4DP 470019, 4DP 470024, 4DP 470026, 4DP 470027, 4DP 470028, 4DP 470029, 4DP 470032, 4DP 470033, 4DP 470034, 4DP 470035, 4DP 470036, 4DP 470037, 4DP 470038, 4DP 470040, 4DP 470041, 4DP 470042, 4DP 470046, 4DP 470048, 4DP 470057, 4DP 470058, 4DP 470059, 4DP 470060, 4DP 470061, 4DP 470064, 4DP 470065, 4DP 470067, 4DP 470068, 4DP 470070, 4DP 470071, 4DP 470072, 4DP 470074, 4DP 470075, 4DP 470076, 4DP 470077, 4DP 470078, 4DP 470080, 4DP 470081, 4DP 470082, 4DP 470084, 4DP 470086, 4DP 470089, 4DP 470090, 4DP 470091, 4DP 470094, 4DP 470095, 4DP 470096, 4DP 470098, 4DP 470100, 4DP 475640, 4DP 475653, 4DP 475661, 4DP 475663 as genuine, which were found to be counterfeit currency notes.
State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 6 of 72 PROSECUTION CASE IN BRIEF:
(4) The prosecution case in brief is that 11.01.2014 Ct. Parvez Alam who was then posted at Crime Branch had received a secret information that one person by the name of Shajha @ Shajad who brings Indian currency notes from Nepal and supply the same in Delhi and NCR region would be coming to the Azadpur Sabzimandi Railway Station at about 3 to 4 PM along with his two associates for using and distributing fake currency notes with the code word "Champaran Ka Sher". This information was passed on to the senior officers and pursuant to the directions of senior officers, a police party was constituted comprising of SI Vijay Kumar, HC Virender Singh, Ct. Parvez Alam, Ct. Ranjeet Singh, Ct. Raman, Ct. Satbir and Ct. Ravinder who reached the spot at about 2:30 PM and remained there. Thereafter, HC Virender was deployed as decoy customer to deal with the accused and he was handed over seven currency notes of Rs.
1000/ each, for the said purposes. At around 4:00 PM three persons were seen coming from B Block Side and on the pointing out of the secret informer, HC Virender approached them and finalized a deal with said three persons and thereafter he lifted both his hands and indicated to other members of the police team who immediately rushed to the spot and apprehended all three of them, whose identity was then disclosed as Shajad, Mahesh and Mohd. Nisar (accused before this court). It is alleged that thereafter the personal searches of all these three boys was conducted and from the personal search of accused Shajhad, 140 currency notes of State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 7 of 72 denomination of Rs.1000/ each were recovered from the pocket of his jacket and 07 currency notes of denomination of Rs.1000 each were recovered from the left pocket of his shirt. Further, 10 currency notes of denomination of Rs.1000/ each were also recovered from his pocket. It is further alleged that from the personal search of accused Mahesh Prasad, 150 currency notes of denomination of Rs.1000/ each were recovered from the left side pocket of his jacket and from the personal search of accused Mohd. Nisar, 150 currency notes of denomination of Rs.1000/ each were recovered from his belt in between his jeans pant and the underwear. Thereafter, all the recovered currency notes were sealed, seized, FIR was registered, accused were arrested and after completing the investigations, the charge sheet was filed in the court.
EVIDENCE:
(5) In order to discharge the onus upon it, the prosecution has examined as many as Twelve Witnesses, as under:
Public Witness:
(6) PW12 Shohrab Alam has deposed that he is residing at village Purushottampur, Police Station Chaurodano, Distt. East Champaran, Bihar and doing the work of farming in the village. According to the witness prior to this he had worked in the slaughter house of Hazi Raju in Meerut for three years and he had left the service about one and half year back as State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 8 of 72 his grand father had expired upon which he left Meerut and went to his native village. Witness has further deposed that the accused Shahjahan @ Shahzad is the son of his maternal uncle who was also working with him in the said slaughter house of Hazi Raju and during his stay at Meerut he had purchased a mobile SIM from a shop at Zakir Colony, Meerut having the mobile number 4912 as the last digits of the mobile number on the basis of his voter identity card. Witness has further deposed that initially he was using the aforesaid mobile SIM card but when he left Meerut, he handed over the same to Shahjad @ Shahjahan and he was using the same since then. According to him he handed over the mobile to Shahjad @ Shahjahan since if he would have taken it to Bihar, then it would have been more expensive due to roaming charges. Witness has further deposed that thereafter he did not go to Meerut to meet Shahjad @ Shahjahan and when police officials went to him at Bihar, then he came to know that the accused Shahjad @ Shahjahan had been apprehended by the police in case of counterfeit currency and his statement was recorded by the police. He has identified the accused Shahjahan @ Shahjad in the Court. (7) During leading questions put by Ld. Addl. PP for the state, witness has admitted that the complete number of the said SIM card is 7417064912 which he handed over to the accused Shahjahan @ Shahjad.
Witness has further admitted that he had forgotten the complete number due to lapse of time.
State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 9 of 72 (8) In his cross examination by Ld. Defence counsel, witness has deposed that there is no enmity between himself and the accused Shahjahan @ Shahjad. Witness has denied the suggestion that there was a family dispute between accused Shahjad @ Shahjahan and his family on the minor issues. Witness has denied the suggestion that he did not hand over the aforesaid mobile SIM to accused Shahjad @ Shahjahan or that the aforesaid story has been manipulated at the instance of the Investigating Officer of the case.
Forensic / Electronic Evidence:
(9) PW10 Ravi Krishna Srivastav has deposed that on 13.02.2014 three sealed plastic jars with two seals each and one paper envelop with three seals were received in the office for examination from Deputy Commissioner of Police, Crime, Delhi. According to the witness on opening the aforesaid plastic jar they were found to contain 444 currency notes of the denomination of Rs.1000/ each and they examined the aforesaid currency notes and found the same to be counterfeit currency.
Witness has further deposed that his detailed report in this regard is Ex.PW7/C and bearing his signatures at point A, B and C. (10) In his cross examination by Ld. Defence counsel, witness has deposed that he cannot tell about the impression of the seal which were found on the jar without seeing the record and has thereafter explained that he has mentioned about his seal only in his report Ex.PW7/C but the seal State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 10 of 72 impression of the police was not mentioned. According to the witness the detail of the seal can be made available from office. Witness has admitted that the seal impression of the police is not mentioned in his above said report.
(11) PW11 Sh. Amarnath Singh has brought the summoned record pertaining to the mobile no. 9837636879 issued in the name of Chand S/o Gulzar. The copy of customer application form is Ex.PW11/A (OSR) and the photocopy of the address proof i.e. election ID Card is Ex.PW11/B both bearing his initials and the stamp of the company at point A. Witness has further deposed that the call detail record of mobile no. 9837636879 for the period 01.11.2013 to 11.01.2014 is Ex.PW11/C (running into 13 pages) bearing his initials and the stamp of the company at point A. (12) Witness also brought the summoned record pertaining to the mobile no. 9690309744 issued in the name of Parveen Sharma S/o Mahesh Sharma. According to the witness the copy of customer application form is Ex.PW11/D (OSR) and photocopy of the address proof i.e. driving license is Ex.PW11/E both bearing his initials and the stamp of the company at point A. Witness has further deposed that the call detail record of mobile no. 9690309744 for the period 01.11.2013 to 11.01.2014 is Ex.PW11/F (running into 20 pages) bearing his initials and the stamp of the company at point A. Witness has further deposed that the Certificate under Section 65B Evidence Act is Ex.PW11/G bearing his initials and State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 11 of 72 the stamp of the company at point A and the location chart in respect of both above mobile numbers i.e. 9837636879 and 9690309744 are Ex.PW11/H (running into 70 pages ) bearing his initials and the stamp of the company at point A. (13) In his cross examination by Ld. Defence counsel, witness has deposed that their main server is situated at Pune and he had retrieved the call details from his official computer alloted to him from which he has a direct access from the main server. Witness has denied the suggestion that there is no system of regular power backup in their office resulting into a data loss. Witness has denied the suggestion that the certificate U/s 65B has been given by him in a routine manner. Witness has denied the suggestion that the above calls details have been fabricated on the directions and at the instance of the Investigating Officer. Witness has denied the suggestion that he was deposing falsely.
Police / Official Witnesses::
(14) PW1 HC Jag Narain has tendered his examination in chief by way of affidavit, which is Ex.PW1/1 bearing his signatures at point A and B and he had proved entries in register No. 19 vide Mud No. 1864/14, copy of which is Ex.PW1/A, mud No. 1875/14, copy of which is Ex.PW1/B. Witness had also proved entry in register No. 21 vide RC No. 39/21/14 dated 06.02.2014, copy of which is Ex.PW1/C bearing his signatures at point A, copy of receipt of reserve bank in respect of the above said RC is State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 12 of 72 Ex.PW1/D. Witness has also proved RC No. 42/21/14 dated 12.02.2014, copy of which is Ex.PW1/E and copy of receipt of currency notes press, Nasik road in respect of above said RC is Ex.PW1/F. (15) In his affidavit, the witness has deposed that on 11.01.2014 he was posted as MHC(M) in Police Station Crime Branch and on 12.01.2014 SI Rishi Ram NR/Crime Branch deposited three transparent jar serial No. J1,J2,J3 and two white envelopes bearing serial No. 1, serial No. 2 and 3 white envelopes bearing serial No. S1,S2,S3 all the envelopes and jars sealed with the seal of KK. According to the witness SI Rishi Ram deposited the personal search articles of accused Shajha @ Shajad Rs1160/, accused Mahesh Prashad Rs 840/, accused Mohd. Nisar Rs 600/, one black purse, one ATM card of Asix Bank, driving licence and one reliance membership card. Witness has further deposed that all the above mentioned exhibits FICN/ICN were deposited in malkhana as per seizure memo and seizure memo of one mobile phone (dual SIM) make Intex, Model No. Shine1800 bearing IMEI No. 911336000075503 and IMEI No. 911336000075511 deposited in Malkhana. According to the witness mobile phone was kept by the Investigating Officer for investigations and he made the entry in register No. 19 at mud no. 1864/14.
Witness has further deposed that on 18.01.2014 SI Rishi Ram NR/Crime Branch deposited one seizure memo of mobile phone make NOKIA 1280, black color, IMEI No. 354581059514845, mobile No. 7781825058 in the malkhana and mobile phone was kept by the investigating officer for State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 13 of 72 investigations and he made the entry in register No. 19 at mud No. 1875/14. Witness has further deposed that on 24.01.2014 SI Rishi Ram NR/crime branch deposited two mobile phone. Witness has further deposed that on 06.02.2014 three sealed envelopes sealed with the seal of KK bearing serial No. S1,S2,S3 were deposited in Reserve Bank of India vide RC No. 39/21/14 dated 06.02.2014 through SI/IO Rishi Ram No. 5149D. Witness has further deposed that on 12.02.2014 exhibits of the case i.e. three transparent jar bearing serial No. J1,J2,J3 and one envelope bearing serial No. 1 containing FICN along with FSL form were sent to General Manger Currency note press, Nasik vide RC No. 42/21/14 dated 12.02.2014 through HC Virender No. 456/crime on 15.02.2014 after depositing the exhibits in the CNP Nasik HC Virender No. 456/Crime handed over to him a receipt of exhibits vide CNP Dy No. 69/14 dated 13.02.2014. According to the witness along with a copy of RC No. 2/21/14 dated 12.02.2014 same were kept on record. Witness has further deposed that on 04.05.2014 HC Sant Ram No. 46/crime has brought the exhibits/result from CNP, Nasik and the same were handed over to him one sealed pullanda of the exhibits of the case along with result of the CNP seal with the seal of CNP deposited in Malkhana. He has deposed that the result of the CNP was handed over to Investigating Officer Rishi Ram by him on the same day. (16) In his cross examination by Ld. Defence counsel, witness has deposed that case property was deposited around 4 AM. Witness has admitted that he had reproduced the seizure memo in the register No. 19. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 14 of 72 Witness has admitted that column No. 5,6 and 7 in register No. 19 is not in his handwriting and has voluntarily added that the same was written by his munshi. According to the witness since there are 78 Munshes so he cannot tell the name of the writer. Witness has further deposed that on his behalf the said munshi entered in column No. 5,6 and 7 in register No. 19. Witness has admitted that on 04.05.2014 when parcels were received in the malkhana the entries in column No. 5,6,7 and 8 are not in his handwriting and has voluntarily added that the same were made by his munshi. Witness has admitted that entry in register No. 19 vide Mud No. 1875 is not in his handwriting and has voluntarily added that the same was entered by his Munshi whose name he do not recollect at the time of his deposition in the court. Witness has denied the suggestion that the case property was tampered with during the same remained in his possession. (17) PW2 W/Ct. Pushpa Dewedi has tendered her examination in chief by way of affidavit, which is Ex.PW2/1 bearing her signatures at point A and B and she had proved DD No. 8 dated 11.01.2014, copy of which is Ex.PW2/A and DD No. 9 dated 11.01.2014, copy of which is Ex.PW2/B (original DD entries seen and returned).
(18) In her affidavit, witness has deposed that on 11.01.2014 she was posted as W/Ct. DD writer from 12noon to 8 PM in NR/Crime Branch, sector 18, Rohini Delhi and on that day SI Kishore Kumar lodged an entry in Rojnamcha vide DD No. 8 at 1:30 PM regarding Etla Mukhberi and SI Kishore Kumar departed vide DD No. 9 at 2 PM along with raiding party. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 15 of 72 (19) In her cross examination by Ld. Defence counsel, witness has denied the suggestion that DD No. 8 and 9 were fabricated later on at the instance of the senior officers.
(20) PW3 HC Balwinder Singh has tendered his examination in chief by way of affidavit, which is Ex.PW3/1 bearing his signatures at point A and he had proved DD No. 30 dated 11.01.2014, copy of which is Ex.PW3/A, copy of FIR which is Ex.PW3/B and endorsement on rukka which is Ex.PW3/C. (21) In his cross examination by Ld. Defence counsel, witness has denied the suggestion that no rukka was received by him and FIR is ante timed and ante dated.
(22) PW4 SI Kishore Kumar, has deposed that on 11.01.2014 he was posted at Crime Branch, Northern Range, Sector 18, Rohini and on that day at about 1 PM a secret informer informed Ct. Parvez Alam that a person dealing with fake currency notes would be coming from Nepal along with the currency notes between 34 PM at Subzi Mandi Railway station and if raided/ apprehended fake currency notes could be recovered from him. According to the witness he further informed that in case if dealing has to be made with him the code word used is champaran ka sher. Witness has further deposed that Ct. Parvez Alam produced the secret informer before him and he also made inquiries from him and thereafter on being satisfied with the information he produced him before ACP, NR Crime Branch who also made inquiries from secret informer and after State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 16 of 72 being satisfied directed him to act upon the information. He then lodged DD No. 8, copy of which is Ex.PW2/A and reproduced the secret information in writing. According to the witness thereafter a constituted a police party consisting of the staff present in the office, consisting of himself, SI Vijay Kumar, HC Virender, Ct. Parvez Alam, Ct. Ranjeet, Ct. Raman, Ct. Satbir, Ct. Ravinder and secret informer. Witness has further deposed that thereafter he left the office of the crime branch along with the team after carrying with himself the Investigating Officer bag, laptop, printer and power backup/charger. According to the witness after lodging the DD entry vide DD No. 9, copy of which is Ex.PW2/B they left the crime branch office in two private vehicles. Witness has further deposed that at about 2:30 PM they reached Adarsh Nagar, Railway Station, Shalimar Bagh opposite BC Block where he briefed the staff and thereafter he asked 34 passerby to join the police party but they refused and went away after expressing their inability. He again briefed the members of the police party and appointed HC Virender as the decoy customer and conducted his search and all his personal search articles were handed over to Ct. Ravinder and prepared his computerized personal search memo which is Ex.PW4/A. According to the witness Indian currency notes worth Rs Seven thousand were then handed over to HC Virender who was then directed to deal with the person who would be identified by the secret informer and he prepared the handing over memo of currency notes in which he had mentioned the details and numbers of currency notes which State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 17 of 72 were handed over to HC Virender. Witness has further deposed that he prepared the memo of handing over the original notes to HC Virender vide Ex.PW4/B and he further briefed HC Virender to deal with the said person by using code word Champaran ka sheri and in case if the deal materializes he would indicate by lifting his both hands up. Witness has further deposed that at about 2:45 PM HC Virender and secret informer went and stood near the wall of the Adarsh Nagar Railway station towards the Shalimar Bagh towards BC block side and the other members of the team took their positions in the area and kept the watch in the directions where they had gone and he along with Ct. Parvez Aalam stood near a chabutra constructed outside the Railway Station.
(23) Witness has further deposed that at around 4 PM three persons were found coming from the BC Block side and he noticed the secret informer saying something to HC Virender and by pointing out towards them after which the secret informer left the spot and he saw HC Virender going towards the three persons. At about 4:10 PM he lifted both his hands up after which all of them rushed towards the three persons and apprehended them. According to the witness thereafter HC Virender disclosed to him that he had dealing with these persons and had purchased 10 currency notes of one thousand each for Rs seven thousand and he had compared the said 10 currency notes with the original currency notes and found that the said 10 currency notes were having different width from the original currency notes. Witness has further deposed that he also found State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 18 of 72 that the words RBI and Bharat on security thread were not clear as comparison to original currency note and he also found that water mark of Gandhiji was also different from original currency note and he also found that no color changing in the said 10 currency notes and he had also interrogated the apprehended person who had also disclosed his name as Shajah @ Shajad, S/o Sh. Nanak and also disclosed that the said 10 currency notes are fake currency notes. According to the witness he noted down the numbers of the said 10 currency notes and wrapped them in a white envelope and prepared the pullanda of the same and sealed the same with the seal of KK and marked the same as serial No. 1. Witness has further deposed that thereafter he seized the said 10 fake currency notes vide seizure memo Ex.PW4/C and thereafter he conducted the formal search of the accused Shajah @ Sahjad and got recovered seven currency notes of Rs 1000/ from left pocket of shirt of the accused and the same were bearing his signatures which he had put at the time when he handed over the same to HC Virender. According to the witness he noted down the serial numbers of the said currency notes and thereafter prepared the pullanda of the same after keeping them in a white colored envelope and sealed the same with the seal of KK and put serial No. 2 on the same. Witness has further deposed that during the formal search of the accused he also found one bundle of currency notes of Rs 1000/ with a rubber on it, in the pocket of his jacket and after counting the same, they were found to be 140 in number and after matching the said 140 currency notes with State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 19 of 72 the original currency note he found the same deficiency which were found in the above said 10 currency notes. Witness has further deposed that after making inquiries from the accused he had disclosed that all the 140 currency notes were fake currency notes. Thereafter he noted down the serial numbers of the said fake currency notes. Witness has further deposed that thereafter he seized the said fake currency notes and seven original currency notes vide seizure memo Ex.PW4/D and mentioned the details/number of the fake currency notes in the seizure memo. According to the witness as per the directions of Standing Order of RBI vide number 219/10 he separated two fake currency notes mentioned in the seizure memo Ex.PW4/D for sending the same to RBI for comparison and he prepared two separate parcels containing the aforesaid two fake currency notes and remaining 138 fake currency notes. According to the witness the aforesaid two fake currency notes were given serial No. S1 and the jar in which the remaining 138 fake currency note were kept were marked serial No. J1 and the aforesaid parcels were sealed with the seal of KK and thereafter the same were taken into possession vide the aforesaid memo i.e. Ex.PW4/D. (24) Witness has further deposed that thereafter the coaccused persons were also interrogated and they disclosed their names as Mahesh Parshad and Mohd. Nisar and the formal search of accused Mahesh Parshad was conducted. One bundle containing 150 currency notes in the denomination of Rs one thousand were recovered from the left inside State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 20 of 72 pocket of his jacket and they were also checked and found the different from the original currency notes in their numbers and the paper of the notes and color of the notes. According to the witness the accused Mahesh Parshad was interrogated regarding the aforesaid currency notes to which he has also admitted that the aforesaid notes are counterfeit currency notes and the numbers mentioned on the aforesaid currency notes were noted down. Witness has further deposed that in compliance of the Standing Order of the RBI two counterfeit currency notes were separated from the aforesaid 150 currency notes and the aforesaid two currency notes and were kept in an envelope and the said envelope were given the serial No. S2. Witness has further deposed that the remaining 148 fake currency notes were kept in a plastic jar and the same was given serial No J2 and the said jar was wrapped with the doctors tape and sealed with the seal of KK. According to the witness the aforesaid two parcels were taken into possession vide seizure memo Ex.PW4/E. (25) Witness has further deposed that a formal search of accused Mohd. Nissar, S/o Mohd. Idrish was conducted and one bundle containing 150 currency notes in the denomination of Rs 1000/ were recovered from the belt in between his jeans pant and underwear and they were also checked and found the different from the original currency notes in their numbers and the paper of the notes and color of the notes. According to the witness the accused Mohd. Nissar was interrogated regarding the aforesaid currency notes to which he has also admitted that the aforesaid State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 21 of 72 notes were counterfeit currency notes and the numbers mentioned on the aforesaid currency notes were noted down. Witness has further deposed that in compliance of standing order of RBI two counterfeit currency notes were separated from the aforesaid 150 currency notes and the aforesaid two currency notes and were kept in an envelope and the said envelope were given the serial No. S3. Witness has further deposed that the remaining 148 fake currency notes were kept in a plastic jar and the same was given serial No J3 and the said jar was wrapped with the doctors tape and sealed with the seal of KK and the aforesaid two parcels were taken into possession vide seizure memo Ex.PW4/F. (26) Witness has further deposed that thereafter he prepared a rukka Ex.PW4/G and he handed over the rukka to HC Virender who took the same to the Police Station for getting the case registered and further investigations of the present case was directed to be done by SI Rishi Ram to whom the information in this regard was given on his mobile phone. According to the witness at about 10:15 PM SI Rishi Ram came to the spot. he handed over the entire documents and the case property to him along with the accused persons. Witness has further deposed that SI Rishi Ram prepared the site plan at his instance and HC Virender Singh has brought the FIR at the spot at about 2:30 AM and the same was handed over to SI Rishi Ram and thereafter his statement U/s 161 Cr. P.C. was recorded by SI Rishi Ram and he was relieved.
State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 22 of 72 (27) Witness has correctly identified the accused Mahesh Parshad, Mohd. Nissar and accused Sahajahan @ Shehzad by pointing out towards them and also by their names. Witness has also correctly identified the case property i.e. three transparent plastic jar, each plastic jar is having a bundle of the aforesaid currency notes having a chit containing the particulars of the case and the name of the accused from whom the bundle were recovered respectively. All the currency notes were having the seal impression of currency note press as counterfeit note on each note of all the three bundles. Ten counterfeit currency notes having the chit of currency press notes as handed over by HC Virender. The witness states that the jar having mark J1 containing 10 currency notes which were handed by HC Virender and 138 currency notes which were recovered from accused Shajah. The Jar is Ex.P1, ten currency notes are collectively Ex.P2 and 138 currency notes are collectively Ex.P3. The jar having mark J2 148 currency notes which were recovered from accused Mahesh Parshad. The Jar is Ex.P4 and 148 currency notes are collectively Ex.P5. The jar having mark J3 148 currency notes which were recovered from accused Mohd. Nissar. The Jar is Ex.P6 and 148 currency notes are collectively Ex.P7. Witness has also identified seven original currency notes of Rs 1000/ as the same as the same which were handed over to HC Virender by him and having his signatures. The said seven original currency notes are collectively Ex.P8 and the white envelope is Ex.P9. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 23 of 72 (28) In his cross examination by the Ld. Defence counsel, witness has deposed that on 11.01.2014 secret informer informed Ct. Parvez Alam regarding the secret information and he was not present at that time and Ct. Parvez Alam produced the secret informer before him at about 1:15 PM. According to the witness he was alone at that time in the room. He reduced the secret information into writing after producing the secret informer before the ACP concerned. He has explained that ACP Sh. Malhotra was present in the crime branch office at that time. Witness is unable to tell the color and description of clothes which were worn by secret informer. He has explained that they left their office around 2.00 PM in two private vehicles i.e. one is Innova and one is Maruti Alto and Alto was of Cheery color and Innova was of silver color. According to the witness he does not remember the registration number of Innova car. Witness has further deposed that he only knows the number of Alto car which is belonging to him and in Alto car he along with SI Vijay, HC Virender and Ct. Ravinder were present and other police officials along with Secret Informer sits in Innova car. Witness has further deposed that typing material, Investigating Officer bag, printer, backup power were with him in Alto car and he did not mention about registration number of the vehicles in the DD entry and they reached Adarsh Nagar Railway station via Haiderpur. According to the witness the distance between the place of arrest of the accused persons and their office is about 56 kms and they reached at the spot within half an hour. Witness has admitted that the place State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 24 of 72 of arrest of accused persons is a thorough fare. Witness has further deposed that he did not stop any vehicle or ask any person from the vehicle to join the investigations and further states that no action was taken against 34 passerby who refused to join the raiding party and has explained that they all were gents and were in plain clothes. Witness has further deposed that he parked his Alto car outside the Railway Station on the road near Shalimar Bagh side and the Innova was parked inside the wall of Railway Station which Innova car belonged to SI Anil Malik. He was not a member of raiding party.
(29) Witness has further deposed that the secret informer did not disclosed any description of accused persons in his information and only stated that the accused belongs to Bihar. Witness has admitted that there were many residential houses, shops and offices and commercial complex but he did not call any public person from those offices and shops. they parked both the vehicles simultaneously and accused persons reached at the spot at around 4 PM. Witness has further deposed that they took positions at the spot at different places and he along with Ct. Parvez Alam took possessions near the wall at the Chabutra. According to the witness secret informer took position with HC Virender, decoy customer at a distance of 3540 feet and all the raiding party members scattered at a distance of 4050 feet from each other. Witness has further deposed that HC Virender, decoy customer took position at a distance of 40 feet from them and he was visible to him but not audible and the conversation State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 25 of 72 between decoy customer and accused was not recorded by HC Virender, decoy customer. Witness has further deposed that the decoy customer and the accused persons spoke to each other for about 10 minutes. He has stated that he did not conducted the search of secret informer and Ct. Parvez Alam during the entire raid. Witness has admitted that he did not hear the conversation between the decoy customer and the accused persons. According to the witness secret informer told him that accused persons will come from Shalimar Bagh BC Block and will go to Railway Station. He has explained that the Secret informer remained with them upto 4.00PM and has admitted that many persons were going and coming from the spot at the time of incident. Witness has further deposed that he did not informed the local police about the secret information, He has also stated that he did not offer his personal search to accused persons prior to taking their personal search. Witness has further deposed that no photography or videography was done while taking the search of accused persons or at the time of sealing or seizing of case property. He has stated that first of all he prepared the jamatalashi of decoy customer. According to the witness all the seizure memos were prepared by him with the help of SI Vijay Kumar and Ct. Ravinder and SI Vijay Kumar and Ct. Ravinder who did not sign on any of the documents nor he recorded their statements on this aspect. Witness has further deposed that seal after use was given to Ct. Parvez Alam and no handing over or taking over memo was prepared and Ct. Parvez Alam returned his seal on the next day. According to the State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 26 of 72 witness it is not in his knowledge if any mobile phone or bus ticket or train ticket was found in the personal search of accused persons. Witness has further deposed that all the typing and writing work was done in the private vehicle Innova and he send the rukka to the Police Station through HC Virender at about 10 PM. Witness has further deposed that HC Virender took his Alto car and came back to the spot at about 2:30 AM and SI Rishi Raj came to the spot in his Car at about 10:15 PM and he parked his vehicle near Innova. According to the witness neither any PCR van nor local police official visited the spot till they remained at the spot and he did not use any chemical or instrument to check the genuineness of currency notes. Witness has further deposed that accused Shajahan @ Sahajad was wearing a pant and a shirt but he does not remember its color and accused Mahesh was wearing pant and shirt but he does not remember its color. He has further stated that the accused Nisar was wearing a blue color jeans pant and stated that he left the spot at about 2:45 AM.
(30) Witness has further deposed that the currency notes worth Rs seven thousand were given by him from his own pocket but he did not mention the same in his statement nor any document has been created by the Investigating Officer. According to the witness he cannot tell the total amount he had with him at the time of conducting the raid. He is also unable to tell the amount carried by other member of the raiding party. Witness has further deposed that none of them had made any DD entry about the amount carried by them at the time of conducting raid. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 27 of 72 According to the witness he does not know if the place of arrest was covered under the CCTV cameras installed at railway station as he did not notice the same . He has also stated that at the time of raid in this case he was using mobile phone bearing No. 9911772700 but he cannot give the phone numbers of other members of raiding party. He has stated that the seal mentioned in this case has been prepared by him from his own expenses without taking any permission from senior officers or without informing them. He has explained that on 10.01.2014 he was at his office. (31) Witness has denied the suggestion that no such secret information was conveyed to him by Ct. Parvez Alam or that conveyed by him to senior officers. Witness has also denied the suggestion that he did not visit the spot or that no such incident took place or that no recovery was effected from the accused persons. Witness has denied the suggestion that all the proceedings were conducted while sitting in the Police Station or that all the writing work was done while sitting in the office. Witness has denied the suggestion that accused Mahesh Parshad was lifted on 10.01.2014 from Meerut where he was working as a labour at a house which was under construction and later on he was implicated in the present case. Witness has denied the suggestion that accused Mohd. Nisar was lifted on 08.01.2014 from Ghaziabad, UP where he was working as a salesman in a cloth shop. Witness has denied the suggestion that accused Shahzad was lifted on 10.01.2014 from a dairy at Meerut, UP where he was working. Witness has denied the suggestion that recoveries were planted State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 28 of 72 on accused persons. Witness has denied the suggestion that nothing was recovered from the possession of accused persons or at their instance. Witness has also denied the suggestion that accused persons were falsely implicated in the present case and the fake currency were planted upon them only to falsely implicate them in the present case or that he was deposing falsely.
(32) PW5Ct. Parvez Alam, has deposed that on 11.01.2014 he was posted at Crime Branch, Northern Range, Sector 18, Rohini and on that day the secret informer came to his office and gave an information to him that a person namely Shajan @ Shajad, R/o East Champaran, Bihar would bring the counterfeit currency notes and supply the same in Delhi and NCR. According to the witness the secret informer had also informed that he along with his two associates will come near Azadpur Subzi Mandi Railway Station along with the fake currency notes and also informed that the said persons supply the currency notes of 100/ for a consideration of 70 rupees. Witness has further deposed that he also informed that the said persons use the code word Champaran ka Sher and can be apprehended along with his associates with a huge supply of fake currency notes. Witness has further deposed that on the receipt of this information he conveyed the same to SI Kishore and the secret informer was also produced before SI Kishore who further conveyed this information to ACP Northern Region Crime Branch and he along with the secret informer then appeared before the ACP NR. According to the witness after being satisfied the State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 29 of 72 ACP Northern region directed SI Kishore Kumar to act immediately and this information was recorded vide DD No. 8, copy of which is Ex.PW2/A at about 1:30 PM. Witness has further deposed that SI Kishore Kumar formed a raiding party consisting of himself, SI Vijay Kumar, HC Virender, Ct. Ranjeet, Ct. Raman, Ct. Satbir, Ct. Ravinder and the secret informer and all the members of the raiding party were briefed regarding the information. According to the witness SI Kishore Kumar took his Investigating Officer bag, laptop, printer and power backup/charger after which and the raiding party left the office after making DD entry vide DD No. 9, copy of which is Ex.PW2/B and at about 2 PM in two private vehicles and reached at the place pointed out by the secret informer at about 2 PM. Witness has further deposed that SI Kishore Kumar requested 45 passerby to join the raiding party but none agreed and left the spot without giving their names and addresses. Thereafter SI Kishore Kumar prepared HC Virender Singh as Decoy Customer. According to the witness the formal search of HC Virender was conducted and his belonging were handed over to Ct. Ravinder and prepared his computerized personal search memo which is Ex.PW4/A. Witness has further deposed that SI Kishore Kumar had given seven original currency notes in the denomination of Rs 1000/ after putting his initial on each note to HC Virender for the purpose of deal who was then directed to deal and directed him to use the code word as Champaran ka sher as suggested by the secret informer and to take the fake currency notes from the accused. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 30 of 72 Thereafter SI Kishore Kumar prepared the memo of handing over the aforesaid seven currency notes to HC Virender vide Ex.PW4/B. Witness has further deposed that HC Virender was also directed by SI Kishore Kumar to make the signal by lifting his both hands up after the deal is finalized. According to the witness at about 2:45 PM HC Virender and secret informer went and stood near the wall of the Adarsh Nagar Railway Station towards the Shalimar Bagh towards BC block side and the other members of the team took their positions in the area and kept the watch in the directions where they had gone and he along with SI Kishore Kumar stood near a chabutra constructed outside the Railway Station. (33) Witness has further deposed that at around 4 PM three persons were found coming from the BC Block from the side of Shalimar Bagh and the Secret Informer had also pointed out towards the accused Shajan @ Shajad who was wearing the grey color pant and jacket and thereafter the secret informer left the spot after pointing out. According to the witness as per the directions of SI Kishore Kumar, HC Virender, the decoy customer made the signal at about 4:10 PM by lifting his both hands and all the members of raiding party surrounded the aforesaid three persons who were over powered. Witness has further deposed that thereafter HC Virender Singh handed over 10 fake currency notes in the denomination of Rs 1000/ to SI Kishore Kumar and informed that it was Shajan @ Shajad from whom he had taken the aforesaid fake currency notes of Rs Ten Thousand for Rs Seven Thousand. Witness has further deposed that SI Kishore State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 31 of 72 Kumar had checked the aforesaid 10 currency notes and found difference in shape, quality of paper, color and the picture of Gandhiji and apparently they were found as counterfeit currency notes and the accused Shajan @ Shajad was formally searched. According to the witness the aforesaid original seven currency notes were taken from the left pocket of his shirt and the aforesaid 10 fake currency notes handed over by HC Virender were converted into parcel and sealed with the seal of KK and the envelope was marked with serial No. 1. Witness has further deposed that the said parcel was taken into possession vide seizure memoEx.PW4/C and 140 fake currency notes were also recovered from the left inside pocket of the jacket of the accused Shajan @ Shajad which were checked by SI Kishore Kumar and found to be different from the original currency notes. According to the witness in accordance with the directions of standing order of RBI vide number 219/10 SI Kishore Kumar separated the two fake currency notes from the recovered 140 fake currency notes for sending the same to RBI and the remaining 138 fake currency notes and the two fake currency notes were converted into two separate parcels and kept in a plastic jar and sealed with the seal of KK and the said parcels were taken into possession vide seizure memo Ex.PW4/D. (34) Witness has further deposed that thereafter the coaccused were also interrogated and they disclosed their names as Mahesh Parshad and Mohd. Nisar and the formal search of accused Mahesh Parshad was conducted in which one bundle containing 150 currency notes in the State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 32 of 72 denomination of Rs one thousand were recovered from the left inside pocket of his jacket which were also checked and found the different from the original currency notes in their numbers and the paper of the notes and color of the notes. Witness has further deposed that the accused Mahesh Parshad was interrogated regarding the aforesaid currency notes to which he has also admitted that the aforesaid notes were counterfeit currency notes and the numbers mentioned on the aforesaid currency notes were noted down. According to the witness in compliance of the Standing Order of the RBI two counterfeit currency notes were separated from the aforesaid 150 currency notes and the aforesaid two currency notes and were kept in an envelope which envelope was given the serial No. S2. According to the witness the remaining 148 fake currency notes were kept in a plastic jar and the same was given serial No J2 and the said jar was wrapped with the doctors tape and sealed with the seal of KK and the aforesaid two parcels were taken into possession vide seizure memo Ex.PW4/E. (35) Witness has further deposed that the formal search of accused Mohd. Nissar, S/o Mohd. Idrish was conducted and one bundle containing 150 currency notes in the denomination of Rs 1000/ were recovered from the belt between his jeans pant and underwear, which notes were also checked and found the different from the original currency notes in their numbers and the paper of the notes and color of the notes. Witness has further deposed that the accused Mohd. Nissar was interrogated regarding State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 33 of 72 the aforesaid currency notes to which he has also admitted that the aforesaid notes were counterfeit currency on which the numbers mentioned on the aforesaid currency notes were noted down. According to the witness in compliance of standing order of RBI two counterfeit currency notes were separated from the aforesaid 150 currency notes and the aforesaid two currency notes and were kept in an envelope and the said envelope were given the serial No. S3. Witness has further deposed that the remaining 148 fake currency notes were kept in a plastic jar and the same was given serial No J3 and the said jar was wrapped with the doctors tape and sealed with the seal of KK and the aforesaid two parcels were taken into possession vide seizure memo Ex.PW4/F and the seal after use was handed over to him.
(36) Witness has further deposed that thereafter SI Kishore Kumar prepared the rukka and handed over the rukka to HC Virender who took the same to the Police Station for getting the case registered and further investigations in the present case was handed over to SI Rishi Ram to whom the information in this regard was given on his mobile phone after which SI Kishore Kumar handed over the entire documents and the case property to him along with the accused persons. Witness has further deposed that SI Rishi Ram prepared the site plan at the instance of SI Kishore Kumar and the accused Shajan @ Shajad was arrested by SI Rishi Ram vide memo Ex.PW5/A and his personal search was conducted vide memo Ex.PW5/B. Witness has further deposed that the accused Mahesh State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 34 of 72 Parshad was arrested in this case vide memo Ex.PW5/C and his personal search was conducted vide memo Ex.PW5/D. Thereafter the accused Mohd. Nissar was arrested in this case vide memo Ex.PW5/E and his personal search was conducted vide memo Ex.PW5/F. Witness has further deposed that the disclosure statement of accused Shajan @ Shajad was recorded vide memo Ex.PW5/G; the disclosure statement of accused Mahesh Parshad was recorded vide memo Ex.PW5/H and the disclosure statement of accused Mohd. Nissar was recorded vide memo Ex.PW5/I. Witness has further deposed that on 13.01.2014 all the three accused took them to the house of Chand Qureshi @ Chand for his search but Chand Qureshi @ Chand could not be traced out and SI Rishi Ram prepared the memo of pointing out in this regard vide memo Ex.PW5/J. (37) Witness has further deposed that on 16.01.2014 all the accused persons took them to the house of accused Shajahan from where he got recovered one mobile phone make Nokia 1280 of black color having telephone number 7781825058. According to the witness the aforesaid mobile was taken into possession vide seizure memo Ex.PW5/K. According to the witness he may mention here that one mobile phone make INTEX model No. SHINE 1800 was also recovered from the personal search of accused Shajan @ Shajad which was taken into possession by SI Rishi Ram vide Ex.PW5/L. Witness has further deposed that the case property was deposited in the malkhana and thereafter his statement U/s State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 35 of 72 161 Cr. P.C. was recorded by SI Rishi Ram and he was relieved. Witness has identified the accused Mahesh Parshad, Mohd. Nissar and accused Sahajahan @ Shehzad by pointing out towards them and also by their names. Witness has also identified three transparent plastic jars, with each plastic jar containing a bundle of the aforesaid currency notes having a chit containing the particulars of the case and the name of the accused from whom the bundle were recovered respectively. All the currency notes are having the seal impression of currency note press as counterfeit note on each note of all the three bundles. Ten counterfeit currency notes having the chit of currency press notes as handed over by HC Virender. The witness states that the jar having mark J1 containing 10 currency notes which were handed by HC Virender and 138 currency notes which were recovered from accused Shajah. The Jar is Ex.P1, ten currency notes are collectively Ex.P2 and 138 currency notes are collectively Ex.P3. The jar having mark J2, 148 currency notes which were recovered from accused Mahesh Parshad. The Jar is Ex.P4 and 148 currency notes are collectively Ex.P5. The jar having mark J3, 148 currency notes which were recovered from accused Mohd. Nissar. The Jar is Ex.P6 and 148 currency notes are collectively Ex.P7. Witness has also correctly identifed seven original currency notes of Rs 1000/ as the same which were handed over to HC Virender by SI Kishore Kumar and having the signatures of SI Kishore Kumar. The said seven original currency notes are collectively Ex.P8 State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 36 of 72 and the white envelope is Ex.P9. Witness has also correctly identifed mobile phone make NOKIA as the same as that got recovered by the accused Shajan @ Shajad from his residence which is Ex.P10. Witness has also correctly identified mobile phone make INTEX as the same as got recovered from personal search of accused Shajan @ Shajad which is Ex.P11.
(38) In his cross examination by Ld. Defence counsel, witness has deposed that secret informer came to him at about 1.00PM and he himself did not reduced the secret information into writing. According to the witness the secret informer had clean past antecedents and he did not conduct any verification in this regard the secret informer had also met him twothree times prior to this incident. According to the witness he does not recollect the dates on which secret informer met him prior to this incident and also does not remember if the secret informer had given any information for any other offence prior subsequent to this incident. He has stated that the secret informer belonged to UP and SI Kishore Kumar produced the secret informer before the ACP. Witness has further deposed that they left their office i.e. NR Crime Branch at about 2.00PM. The witness does not remember the registration numbers of the private vehicle by which they departed to the spot. Witness has further deposed that one vehicle was Toyota Innova and other was Maruti Alto and Maruti Alto was being driven by SI Kishore and he was driving the Innova vehicle. Witness has also deposed that the Secret informer came to their office on State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 37 of 72 foot and the secret informer was with him in Innova car while going to the spot. He is not aware from where the laptop, printer and power back up were arranged by the Investigating officer and has voluntarily added that these articles were present in the vehicle of the Investigating Officer but he does not know to whom they belonged. According to the witness the distance between their office and the spot is about 5 to 6 kilometers and the Innova car belonged to some Sub Inspector Anil Malik. According to the witness he does not remember if the Investigating Officer had taken any article for the purpose of Audiography, Videography and Photography of the spot and has voluntarily added that he cannot say if these articles were present in the Investigating Officer's bag or not. Witness has further deposed that Investigating Officer did not ask any public person to join the investigation on the way to spot and has explained that the secret informer did not disclose any description of the accused persons in his information and they reached the spot at about 2.30PM. Witness has admitted that there were many residential houses, shops, offices and commercial complexes situated on the way to the spot and has explained both the vehicles reached the spot simultaneously. Witness has further deposed that the Maruti Alto car was parked opposite BC Block, Shalimar Bagh and he parked the Innova car opposite Railway Wtation Adarsh Nagar at the side of Shalimar Bagh and the decoy customer took position at point A shown in the site plan. According to the witness he took position at a distance of 40 feet from HC Virender and first of all he saw the accused persons when State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 38 of 72 they were dealing with the decoy customer. According to the witness he does not know if the decoy customer recorded the conversation between him and the accused persons and the decoy customer and the accused persons talked to each other for about five minutes. Witness has admitted that he did not hear the conversation between the decoy customer and the accused persons and has further explained that 45 passers byes were asked to join the investigation but they refused to do so and went away from there. Witness has also deposed that Investigating Officer did not take any legal action or not served any notice upon them who refused to join the investigation and SI Kishore Kumar was sitting with him at the time of conversation and all the accused persons were stood nearby to each other. Witness has admitted that many persons were going and coming form the spot at the time of incident. Witness has further deposed that the decoy customer had made signal to them after ten minutes of their reaching near the accused persons. He has stated that the Investigating Officer did not offer his own search to the accused prior to taking personal search of the accused persons. According to the witness no photography or videography was done at the time of taking the search of accused persons or at the time of sealing and seizing the case properties. He has stated that first of all the Investigating Officer had prepared the Jama Talashi of HC Virender the decoy customer. Witness has further deposed that all the seizure memos were prepared by SI Kishore Kumar, SI Vijay Kumar and Ct. Ravinder and has voluntarily added that SI Vijay Kuamr and Ct. Ravinder were typing State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 39 of 72 the seizure memos. According to the witness he cannot tell which of the documents was prepared by whom and has clarified that SI Vijay Kumar and Ct. Ravinder did not sign on any of the document. The witness is not aware if the Investigating Officer had recorded their statements and no handing over memo of seal was prepared and he returned the seal to the Investigating Officer on next day. Witness has admitted that no mobile phones were recovered in the personal search of the accused persons. Witness has further deposed that no ticket of bus or train was found in the personal search of the accused persons. According to the witness all the typing and writing work was done in the private vehicle and they remained at the spot till 3.00 AM (midnight) and no PCR van or local police officials visited at the spot till they remained at the spot. According to the witness he does not know if the Investigating Officer had inform the local police with regard to the information received by him. He has stated that the Investigating Officer did not use any chemical or instrument to check the genuineness of the currency notes. He has stated that he does not recollect the colour of jackets worn by the accused persons. According to the witness he does not remember the type of clothes worn by accused Nisar and has voluntarily added that he was wearing blue coloured jeans. Witness has denied the suggestion that no such secret information was conveyed to him or passed to senior officer. Witness has also denied the suggestion that they did not visit the spot. Witness has further denied the suggestion that no such incident took place or that no such recovery was State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 40 of 72 effect from the possession of accused persons. Witness has denied the suggestion that all the proceedings were drawn up at the office of the crime branch and he merely signed the same on the asking of Senior Officers. Witness has denied the suggestion that accused Mahesh Prasad was lifted from his place of work on 10.01.2014 where he was working as a labour at a house which was under construction and later on he was implicated in this case. Witness has denied the suggestion that the accused Mohd. Nisar was lifted on 08.01.2014 from Ghaziabad, UP where he was working as a salesman in a cloth shop. Witness has denied the suggestion that accused Shahzad was lifted on 10.01.2014 from a dairy at Meerut, UP where he was working. Witness has denied the suggestion that recoveries were planted on accused persons. Witness has denied the suggestion that he was deposing falsely.
(39) PW6 HC Virender who is the decoy customer has deposed that on 11.01.2014 he was posted at Crime Branch, Northern Range, Sector 18, Rohini and on that day the secret informer came to the office of the Crime Branch, Northern range and given the information to Ct. Parvez Alam that a person namely Shajan @ Shajad, R/o East Champaran, Bihar used to bring the counterfeit currency notes and supply in Delhi and NCR. According to the witness the Secret Informer had also informed that he along with his two associates would come near Azadpur Subzi Mandi Railway Station along with the fake currency notes and he has also informed that the said persons supply the currency note of 100/ for a State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 41 of 72 consideration of 70 rupees. He also informed that the said person uses the code word as Champaran ka sher and can be apprehended along with his associates and with a huge supply of fake currency notes. Witness has further deposed that on the receipt of this information Ct. Parvez conveyed this information to SI Kishore and this information was recorded by him vide DD No. 8, copy of which is Ex.PW2/A. At about 1:30 PM SI Kishore Kumar formed a raiding party and all the members of the raiding party were briefed regarding the information and the raiding party left the office at about 2.00PM in two private vehicles after making DD entry vide DD No. 9, copy of which is Ex.PW2/B and reached at the place pointed out by secret informer at about 2 PM. Witness has further deposed that there SI Kishore Kumar requested 45 passerby to join the raiding party but none agreed and left the spot without giving their names and addresses on which SI Kishore Kumar prepared him as a decoy customer. According to the witness his formal search was conducted and his belonging i.e. purse containing documents and his licence etc were handed over to Ct. Ravinder and prepared the computerized personal search memo which is Ex.PW4/A. Witness has further deposed that SI Kishore Kumar had given seven original currency notes in the denomination of Rs 1000/ after making the initials of SI Kishore Kumar on each note to him for the purpose of deal and he was then directed to deal. He also directed him to use the code word as Champaran ka sher as told by the secret informer and to take the fake currency notes from the accused. According to the witness State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 42 of 72 SI Kishore Kumar had prepared the memo of handing over the aforesaid seven currency notes to him vide Ex.PW4/B and he was also directed by SI Kishore Kumar to make the signal by lifting his both hands up after the deal was finalized. Witness has further deposed that at about 2:45 PM he and the secret informer went and stood near the wall of the Adarsh Nagar Railway Station towards the Shalimar Bagh towards BC block side and the other members of the team took their positions in the area and kept the watch in the directions where they had gone whereas Ct. Parvez along with SI Kishore Kumar stood near a chabutra constructed outside the Railway Station.
(40) Witness has further deposed that at around 4:00 PM three persons were found coming from the BC Block from the side of Shalimar Bagh and the secret informer pointed out towards the accused Shajan @ Shajad who was wearing the grey color pant and jacket. According to the witness thereafter the secret informer left the spot after pointing out and he completed the deal and then he handed over Rs Seven thousand as given to him by SI Kishore Kumar him and he received fake currency notes of Rs Ten Thousand from the accused Shajan @ Shajad in lieu of genuine Rs Seven Thousand and he made the signal at about 4:10 PM by lifting both his hands. Witness has further deposed that al the members of raiding party surrounded the aforesaid three persons who were over powered after which he handed over 10 fake currency notes in the denomination of Rs 1000/ to SI Kishore Kumar and told that it was Shajan @ Shajad from State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 43 of 72 whom he had taken the aforesaid fake currency notes of Rs Ten Thousand for Rs Seven Thousand. Witness has further deposed that SI Kishore Kumar had checked the aforesaid 10 currency notes and found them different in shape, quality of paper, color and the picture of Gandhiji and apparently they were found as counterfeit currency notes. According to the witness the accused Shajan @ Shajad was formally searched and the aforesaid Original Seven Currency Notes were taken from the left pocket of his shirt and the aforesaid 10 fake currency notes handed over by him to the SI Kishore Kumar were converted into parcel and sealed with the seal of KK and the envelope was marked as serial No. 1. Witness has further deposed that the said parcel was taken into possession vide seizure memo Ex.PW4/C and 140 fake currency notes were also recovered from the left inside pocket of the jacket of the accused Shajan @ Shajad. Witness has further deposed that they were also checked by SI Kishore Kumar and found different from the original currency notes and in accordance with the directions of standing order of RBI vide number 219/10 SI Kishore Kumar separated two fake currency notes from the recovered 140 fake currency notes for sending the same to RBI. According to the witness the remaining 138 fake currency notes and the two fake currency notes were then converted into two separate parcels and kept in a plastic jar and sealed with the seal of KK and the said parcels were taken into possession vide seizure memo Ex.PW4/D. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 44 of 72 (41) Witness has further deposed that thereafter the coaccused were also interrogated and they disclosed their names as Mahesh Parshad and Mohd. Nisar. According to the witness a formal search of accused Mahesh Parshad was conducted and one bundle containing 150 currency notes in the denomination of Rs One Thousand were recovered from the left inside pocket of his jacket and they were also checked and found the different from the original currency notes in their numbers and the paper of the notes and color of the notes. Witness has further deposed that the accused Mahesh Parshad was interrogated regarding the aforesaid currency notes on which he has also admitted that the aforesaid notes were counterfeit currency notes and the numbers mentioned on the aforesaid currency notes were noted down. According to the witness in compliance of Standing Order of RBI two counterfeit currency notes were separated from the aforesaid 150 currency notes and the aforesaid two currency notes and were kept in an envelope and the said envelope were given the serial No. S2 and the remaining 148 fake currency notes were kept in a plastic jar and the same was given serial No J2. Witness has further deposed that the said jar was wrapped with the doctors tape and sealed with the seal of KK and the aforesaid two parcels were taken into possession vide seizure memo Ex.PW4/E. (42) Witness has further deposed that the formal search of accused Mohd. Nissar, S/o Mohd. Idrish was conducted and one bundle containing 150 currency notes in the denomination of Rs 1000/ were recovered from State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 45 of 72 the belt in between his jeans pant and underwear, they were also checked and found the different from the original currency notes in their numbers and the paper of the notes and color of the notes. According to the witness the accused Mohd. Nissar was interrogated regarding the aforesaid currency notes to which he has also admitted that the aforesaid notes are counterfeit currency notes and the numbers mentioned on the aforesaid currency notes were noted down. Witness has further deposed that in compliance of standing order of RBI two counterfeit currency notes were separated from the aforesaid 150 currency notes and the aforesaid two currency notes and were kept in an envelope and the said envelope were given the serial No. S3. Witness has further deposed that the remaining 148 fake currency notes were kept in a plastic jar and the same was given serial No J3 and the said jar was wrapped with the doctors tape and sealed with the seal of KK and the aforesaid two parcels were taken into possession vide seizure memoEx.PW4/F and the seal after use was handed over to Ct. Parvej. Witness has further deposed that thereafter SI Kishore Kumar prepared the rukka and handed over the rukka to him and he took the same to the Police Station for getting the case registered and also handed over the rukka to the duty officer who registered the FIR. According to the witness he received the copy of the FIR and original rukka from duty officer and handed over the same to SI Rishi Ram at the spot. Witness has further deposed that SI Rishi Ram prepared the site plan at the instance of SI Kishore Kumar and the accused Shajan @ Shajad was State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 46 of 72 arrested by SI Rishi Ram vide memo Ex.PW5/A and his personal search was conducted vide memo Ex.PW5/B. Witness has further deposed that one mobile phone make INTEX model No. SHINE 1800 was also recovered from the personal search of accused Shajan @ Shajad which was taken into possession by SI Rishi Ram vide Ex.PW5/L. (43) Witness has further deposed that the accused Mahesh Parshad was arrested in this case vide memo Ex.PW5/C and his personal search was conducted vide memo Ex.PW5/D. Witness has further deposed that the accused Mohd. Nissar was arrested in this case vide memo Ex.PW5/E and his personal search was conducted vide memo Ex.PW5/F. Witness has further deposed that the disclosure statement of the accused Shajan @ Shajad was recorded vide memo Ex.PW5/G. Witness has further deposed that the disclosure statement of accused Mahesh Parshad was recorded vide memo Ex.PW5/H. Witness has further deposed that the disclosure statement of accused Mohd. Nissar was recorded vide memo Ex.PW5/I. Witness has further deposed that on 13.01.2014 all the three accused persons took them to the house of Chand Qureshi @ Chand for his search but Chand Qureshi @ Chand could not be traced out and SI Rishi Ram prepared the memo of pointing out in this regard vide memo Ex.PW5/J. Witness has further deposed that on 16.01.2014 all the accused persons took them to the house of accused Shajahan from where he got recovered one mobile phone make Nokia 1280 of black color having telephone State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 47 of 72 number 7781825058 and the aforesaid mobile was taken into possession vide seizure memo Ex.PW5/K. According to the witness the case property was deposited in the malkhana and thereafter his statement U/s 161 Cr. P.C. was recorded by SI Rishi Ram and he was relieved. Witness has identified the accused Mahesh Parshad, Mohd. Nissar and accused Sahajahan @ Shehzad by pointing out towards them and also by their names. Witness has also identified three transparent plastic jar, each plastic jar is having a bundle of the aforesaid currency notes having a chit containing the particulars of the case and the name of the accused from whom the bundle were recovered respectively. All the currency notes are having the seal impression of currency note press as counterfeit note on each note of all the three bundles. Ten counterfeit currency notes having the chit of currency press notes as handed over by him to SI Kishore Kumar. The witness states that the jar having mark J1 containing 10 currency notes which were handed by him and 138 currency notes which were recovered from accused Shajah which Jar is Ex.P1, ten currency notes are collectively Ex.P2 and 138 currency notes are collectively Ex.P3. The jar having mark J2 148 currency notes which were recovered from accused Mahesh Parshad which Jar is Ex.P4 and 148 currency notes are collectively Ex.P5. The jar having mark J3, 148 currency notes which were recovered from accused Mohd. Nissar which Jar is Ex.P6 and 148 currency notes are collectively Ex.P7. Witness has also correctly State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 48 of 72 identified seven original currency notes of Rs 1000/ as the same as the same which were handed over to him by SI Kishore Kumar and having the signatures of SI Kishore Kumar. The said seven original currency notes are collectively Ex.P8 and the white envelope is Ex.P9. Witness has also correctly identified mobile phone make NOKIA as the same as got recovered by accused Shajan @ Shajad from his residence. Same is Ex.P10. Witness has also correctly identified mobile phone make INTEX as the same as got recovered from personal search of accused Shajan @ Shajad. Same is Ex.P11.
(44) In his cross examination by Ld. Defence counsel, witness has deposed that there was no specific time of his duty on 11.01.2014 and he was present in the office at about 1.00PM. According to the witness on 10.01.2014 no raid was conducted by any member of their raiding party. Witness has further deposed that on 20.01.2014 he was present in the office and they met the secret informer on 11.01.2014 for the first time at about 1.30PM. According to the witness no videography was conducted at the time of incident and at about 1.45M he was briefed about the secret information in the office by the Investigating Officer. Witness has further deposed that he sat in the Alto car of SI Kishore Kumar while reaching the spot and SI Kishore Kumar, himself, SI Vijay and Ct. Ravinder sat in the aforesaid Alto car of SI Kishore Kumar. According to the witness they reached the spot within 30 minutes after departure from the office and there was not much rush as the traffic was normal on the road at that time. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 49 of 72 According to the witness he was deployed near the wall adjacent to the railway line and the conversation between the secret informer and the Investigating Officer was not within his hearing at the railway line. Witness has further deposed that Investigating Officer requested 45 public persons to join the proceedings but none agreed and left the spot without disclosing their names and addresses. According to the witness he does not remember if any railway employee was called by Investigating Officer SI Kishore Kumar. Witness has admitted that there is residential houses, shops and shopping complex but no person was called by the Investigating Officer from there. According to the witness he does not know if any legal action was taken or legal notice was given to the public persons who refused to join the raiding party. Witness has further deposed that the formal search of the secret informer was not conducted in his presence by any of the member of raiding party and SI Kishore Kumar and Ct. Parvez did not offer their formal search in his presence and he was having Rs. 200/ or 400/ in his pocket at that time. Witness has further deposed that he took the rukka at about 10.00PM and returned at the spot at about 2.002.30PM but did not type / prepare any document at the spot. According to the witness he prepared documents i.e. personal search, conviction slip, seizure memo of mobile with SI Rishi Ram. He has stated that his statement was recorded by SI Rishi Ram in the office and all the writing work was done on the bonnet of Innova car under the street light. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 50 of 72 (45) According to the witness he does not know as to what amount was there with the other members of raiding party and he had not made any DD entry regarding amount carried by him nor any other member of raiding party made such entry in police station. Witness has admitted that none of the member of raiding party has taken search of other members of raiding party. According to the witness he cannot say if any member of raiding party was having fake currency notes in their possession. He has stated that whatever was stated by the accused Shahjad to him during the dealing with the accused, he had stated earlier in his deposition. Witness has denied the suggestion that no raid was conducted or that he was not deployed as a decoy customer or that no currency notes were exchanged to him by the Investigating Officer for the purpose of dealing with the accused was happened. Witness has denied the suggestion that he was giving false facts regarding the exchange of currency notes, dealing with the accused as decoy customer in order to connect him with the alleged offence. According to the witness he did not conduct any dealing with the accused Mahesh and Mohd. Nisar as a decoy customer and states that the place of occurrence was about 400 to 500 meter away from the Railway Station. Witness has admitted that the alleged place of incident was a thorough fare and public persons were moving here and there on the road. According to the witness on the day of incident he was using his mobile phone having number 9999908225. He admitted that they had gone to Bihar for the purpose of raiding on 15.01.2014 in the early morning in two State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 51 of 72 vehicles i.e. one Innova car and the Dezire car. Witness has further deposed that they reached Village Pushottampur Police Station Charudana, Distt. East Champaran, Bihar and they made their arrival entry in Police Station Charudana but he do not remember the number of the same. Witness has further deposed that one police person accompany them to the house of Shahjad and wife of accused met them there. According to the witness he does not know if she was joined as a witness at the time of recovery of mobile and the mobile phone was placed on a stool inside the jhuggi and no Pradhan or any neighbour of villager was joined in the investigation. He does not know whether Investigating Officer asked any public person to join the investigation or not.
(46) Witness has denied the suggestion that they did not visit the spot. Witness has denied the suggestion that no such incident took place or that no such recovery was effected from the possession of the accused persons. Witness has denied the suggestion that all the proceedings were drawn up at the office of the crime branch and he merely signed the same on the asking of the senior officers. Witness has denied the suggestion that accused Mahesh Prasad was lifted on 10.01.2014 from his place of work where he was working as a labour at a house which was under construction and later on he was implicated in this case. Witness has denied the suggestion that accused Shahjad was lifted on 10.01.2014 from a dairy at Meerut, UP where he was working. Witness has denied the suggestion that accused Mohd. Nisar was lifted on 08.01.2014 from Ghaziabad UP. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 52 of 72 Witness has denied the suggestion that recovery were planted on the accused person.
(47) PW7 SI Rishi Ram, has deposed that on 11.01.2014 he was posted at Crime Branch, Northern Range, Sector 18, Rohini and on that day he was present in the office of Crime Branch. According to the witness SI Kishore Kumar got the DD entry lodged vide DD No. 14 regarding arrest of three accused persons by his raiding party and he made his departure entry in the office vide DD No. 15 at about 9:45 PM. Witness has further deposed that he reached at the spot i.e. at near BC block, Adarsh Nagar, Railway Station side where SI Kishore Kumar along with his raiding party and three accused persons namely Shajan @ Shajad, Mahesh Parshad and Mohd. Nissar were handed over to him by SI Kishore Kumar alongwith the seizure memos, sealed parcels duly sealed with the seal of KK and the facts were briefed to him by SI Kishore Kumar. Witness has further deposed that he prepared the site plan at the instance of SI Kishore Kumar vide Ex.PW7/A. Witness has further deposed that he received the copy of FIR and original rukka from HC Virender at about 2:30 AM (midnight) on the intervening night of 11/12.01.2014 and thereafter he recorded the statement of SI Kishore Kumar U/s 161 Cr. P.C and he was relieved from the spot.
(48) Witness has further deposed that the accused Shajan @ Shajad was arrested by him vide memo Ex.PW5/A and his personal search was conducted vide memo Ex.PW5/B. According to the witness one mobile State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 53 of 72 phone make INTEX was also recovered from the personal search of accused Shajan @ Shajad and he took the same into possession vide memo Ex.PW5/L. Witness has further deposed that the accused Mahesh Parshad was arrested in this case vide memo Ex.PW5/C and his personal search was conducted vide memo Ex.PW5/D. Witness has further deposed that the accused Mohd. Nissar was arrested in this case vide memo Ex.PW5/E and his personal search was conducted vide memo Ex.PW5/F. Witness has also deposed that the disclosure statement of accused Shajan @ Shajad was recorded vide memo Ex.PW5/G; disclosure statement of accused Mahesh Parshad was recorded vide memo Ex.PW5/H and the disclosure statement of accused Mohd. Nissar was recorded vide memo Ex.PW5/I. Witness has further deposed that he recorded the statements of witnesses and case property were deposited in the malkhana. Witness has further deposed that on 12.01.2014 the police remand of all the three accused persons were taken for seven days and they were brought to the office of crime branch and thereafter their medical examination was got conducted through Ct. Parvez and HC Virender. Witness has further deposed that on 13.01.2014 all the three accused persons took them to the house of Chand Qureshi @ Chand at his residence i.e. Mohalla Mewatiyan, Hapur, UP for his search but Chand Qureshi @ Chand could not be traced out and he prepared the memo of pointing out in this regard vide memo Ex.PW5/J. Witness has further deposed that on 15.01.2014 he along with HC Virender, State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 54 of 72 Ct. Parvez went to the house of Jalaluddin at village Purshottampur, Police Station Charadano, East Champaran, Bihar for the search of Jalaluddin from whom the accused persons used to take fake currency notes and the said Jalaluddin could not be traced. Witness has further deposed that on 16.01.2014 all the accused persons took them to the house of accused Shajahan from where he got recovered one mobile phone make Nokia 1280 of black color having telephone number 7781825058 and the aforesaid mobile was taken into possession vide seizure memoEx.PW5/K and thereafter they returned to the office and the case property was deposited in the malkhana. Witness has further deposed that on 06.02.2014 he took the sample note of fake currency to FICN (fake Indian currency note) RBI, Parliament street New Delhi vide forwarding letter Ex.PW1/D and got the same deposited vide RC No. 39/21/14, copy of which is Ex.PW1/C. Witness has further deposed that on 12.02.2014 he send HC Virender to the Currency note press, Nasik along with the fake currency notes vide RC No. 42/21/14, copy of which is Ex.PW1/E. Witness has further deposed that HC Virender got the same deposited there on 13.02.2014 and he came back to Delhi on 15.02.2014 and he handed over the copy of the receipt of the currency note press, Nasik vide receipt No. 69/14 dated 13.02.2014 copy of which is Ex.PW1/F. Witness has further deposed that he recorded the statements of HC Virender and MHC(M) HC Jag Narain, U/s 161 Cr. P.C. According to the witness after the necessary investigations he prepared the charge sheet and filed the same in the court of Ld. MM. Witness has State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 55 of 72 further deposed that he collected the result from currency note press, Nasik, Maharashtra and same is Ex.PW7/C (running into two pages) and he also collected the account opening form of accused Shajan @ Shajad vide collectively Ex.PW7/D running into two pages. Thereafter, he also collected the statement of account of accused Shajan @ Shajad from Punjab National Bank and the same is Ex.PW7/E (running into six pages). Witness has further deposed that he collected the payin slip from PNB from Geetanjali Public School branch, Hapur and seized the same vide seizure memo Ex.PW7/F bearing his signatures at point A and bearing the signatures of Sh. Vijay Kumar Sharma, the branch Manager of the said bank at point B. According to the witness the copy of payin slip is Ex.PW7/G. He also collected the certificate U/s 65 (B) of Indian Evidence Act vide Ex.PW7/H. Witness has further deposed that he collected the call details record of mobile phone No. 9837636879 which was recovered from accused Shajan and mobile phone No. 9690309744 which was found mentioned in the aforesaid payin slip and the certificate U/s 65(B) of Indian Evidence Act is Ex.PW7/I. According to the witness the call details record of the aforesaid phone numbers are Ex.PW7/J running into eight pages and the call details vide Ex.PW7/K running into eleven pages. Witness has further deposed that the chart showing the call details of the aforesaid phone numbers was also placed by him along with the charge sheet and same is Ex.PW7/L running into two pages. According to the State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 56 of 72 witness he also collected the connectivity chart of the aforesaid phone numbers vide Ex.PW7/M running into five pages. Witness has further deposed that on 26.04.2014 he prepared the supplementary charge sheet and filed the same in the court. According to the witness he can identify the accused persons and the case property if shown to him. Witness has correctly identified the accused Mahesh Parshad, Mohd. Nissar and accused Sahajahan @ Shehzad by pointing out towards them and also by their names. Witness has also correctly identified mobile phone make NOKIA as the same as got recovered by accused Shajan @ Shajad from his residence which is Ex.P10. Witness has also correctly identified mobile phone make INTEX as the same as got recovered from personal search of accused Shajan @ Shajad which is Ex.P11.
(49) In his cross examination by Ld. Defence counsel, witness has deposed that on 11.01.2014 he was present in his office of Crime Branch and he had received information regarding the arrest of accused persons at about 9:30 PM. According to the witness he left his office his office alone on private vehicle i.e. Ritz at about 9:45 PM vide DD No. 50. Witness has further deposed that the said Ritz was of silver metallic color whose complete registration number he do not recollect but it was 4000 something and the said vehicle was belongs to friend of his younger brother. According to the witness he reached at near BC Block Adarsh Nagar Railway Station around 10:15 PM. According to the witness he do not recollect if he had mentioned in his departure entry regarding the mode State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 57 of 72 of transport which he used and no public person were present at the spot. Witness has denied the suggestion that BC Block, Adarsh Nagar, Railway Station side is a thorough fare. Witness has further deposed that when he reached at the spot, all the three accused persons were sitting inside the vehicle and he interrogated them inside the vehicle and he parked his vehicle near the Innova car. Witness has further deposed that all the writing work was done by him while standing outside the car with the help of bonnet of Innova car under the street light and he did not obtained the signatures of SI Kishore Kumar on the site plan Ex.PW7/A. (50) Witness has further deposed that HC Virender came to the spot after registration of FIR in the Alto car and he take help of HC Virender for preparing the documents at the spot. According to the witness all the typing work in Hindi were done by SI Vijay and Ct. Ravinder at the spot itself and SI Kishore Kumar left the spot at about 2:45 AM and remaining staff left the spot at about 3:30 AM. Witness has further deposed that SI Kishore Kumar left the spot in a Alto Car and they reached police station Crime Branch, Nehru Place around 5 AM and he deposited the case property in the malkhana. Witness has further deposed that on 15.01.2014 they left their office at about 6 AM in two officials vehicles and they reached at the house of accused Shahjahan at village Purshottampur, Police Station Chaurodano, district East Champaran, Bihar at about 89 AM on 16.01.2014. According to the witness they did not ask the pardhan of the village to join the investigations and they made arrival entry at police State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 58 of 72 station Chaurodano but he does not remember its DD number. Witness has further deposed that one police constable was accompanied them from the Police Station. He has explained that the Mobile phone was kept inside the house on a stool. Witness has further deposed that wife of accused Shahjahan @ Sahjad was present there and they remained there for about 11 ½ hours. According to the witness alleged phone which was recovered from the house of accused Shahjahan was off and he recorded the statements of witnesses in their office.
(51) Witness has further deposed that HC Virender reached the spot at about 2 AM after registration of the case. Witness has denied the suggestion that all the writing work was done while sitting in the office. Witness has denied the suggestion that accused Mahesh Parshad was lifted on 10.01.2014 from Meerut where he was working as a labour at a house which was under construction and later on he was implicated in the present case. Witness has denied the suggestion that accused Mohd. Nisar was lifted on 08.01.2014 from Ghaziabad, UP where he was working as a salesman in a cloth shop. Witness has denied the suggestion that accused Shahzad was lifted on 10.01.2014 from a dairy at Meerut, UP where he was working. Witness has denied the suggestion that recoveries were planted upon the accused persons. Witness has denied the suggestion that nothing was recovered from the possession of accused persons or at their instance. Witness has denied the suggestion that accused persons were falsely implicated in the present case and the fake currency were planted upon State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 59 of 72 them only to falsely implicate them in the present case. Witness has denied the suggestion that he was deposing falsely.
(52) PW8 Sh. Vinay Kumar Sharma, has deposed that on 05.05.2014 he was working as Branch Manager, PNB, Geetanjali Public school, Hapur, UP and on that day on the request of Investigating Officer he handed over one pay in slip of account No. 1562000100068096 which account was in the name of Shahjahan. Witness has further deposed that as per record on 17.12.2013 Rs Eleven Thousand were deposited in the said account vide pay in slip Ex.PW7/G attested by him and bearing his signatures at point A. Witness has further deposed that the said pay in slip was taken into possession by the Investigating Officer vide seizure memo Ex.PW7/F. (53) This witness was not cross examined by Ld. Defence counsel, despite opportunity granted.
(54) PW9 Arun Kumar, has deposed that he is working in PNB Lakhaura branch, Village and post office Lakhaura, Bihar since 28.07.2013. According to the witness on 10.03.2014 he was working as Branch Managera at Lakhaura Branch, PNB. Witness has further deposed that on that day Investigating Officer of this case SI Rishi Ram met him in the branch and on his request, he handed over the photocopy of account opening form which was in the name of Shajahan, S/o Sher Nan Haq, resident of village and post Purushottampur, which is Ex.PW7/D (running State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 60 of 72 into two pages), the copy of election ID Card vide Ex.PW9/A and photocopy of statement of account Ex.PW7/E (running into six pages) all bearing his official seal and signatures at point A. Witness has further deposed that he had also issued certificate U/s 65B of Indian Evidence Act which is Ex.PW7/H bearing his official seal and signatures at point A. (55) In his cross examination by Ld. Defence counsel, witness has deposed that as per the record, the said account is in the name of Shajahan. According to the witness he does not know the accused Shajahan personally and he was deposing only on the basis of documents available in the bank. According to the witness he cannot tell if Shajahan and Shajad are the same person as he does not know him personally.
STATEMENT OF ACCUSED & DEFENCE EVIDENCE:
(56) After completing the prosecution evidence, statements of accused Shaja @ Shajad, Mahesh Prasad and Mohd. Nishar under Section 313 Cr.PC were recorded wherein the entire incriminating material / evidence against the accused were put to them which they have denied. The accused have not examined any witness in their defence. (57) According to the accused Shahzad he is innocent and has been falsely implicated. He has stated that he was lifted by the police on 10.01.2014 from a dairy at Meerut U. P. where he was working and the entire proceedings have been fabricated and manipulated by the police only to falsely implicate him and the entire recovery has been planted upon him.
State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 61 of 72 (58) According to the accused Mohd. Nishar he is innocent and has been falsely implicated by the police by fabricating and manipulating the proceedings. He has stated that he lifted by the police from Ghaziabad where he was working near Petrol Pump and the entire recovery has been planted upon him by the police to falsely implicate him. (59) According to the accused Mahesh Prasad he is innocent and has been falsely implicated in this case by the police after fabricating and manipulating the entire proceedings. He has stated that he was lifted by the police on 10.01.2014 from his work place at Karim Nagar (near Nala), Meerut U. P. where he was working as a construction labour and the entire recovery has been planted upon him.
FINDINGS:
(60) I have heard the arguments advanced before me by the Ld. Addl. PP for the State and the Ld. Defence Counsels. I have also gone through the evidence on record and the written memorandum of arguments filed by the parties and my findings are as under:
(61) It is the case of the prosecution that on 11.01.2014 Ct. Parvez Alam (PW5) had received a secret information that one person by the name of Shajan @ Shajad along with his two associates would be coming to the Azadpur Sabzimandi Railway Station at about 3 to 4 PM for using and distributing fake currency notes. On receipt of this information he passed on the same to the senior officers i.e. SI Kishore Kumar (PW4) after which State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 62 of 72 a police party comprising of SI Kishore Kumar (PW4), Ct. Parvez Alam and HC Virender (PW6) was constituted which reached the spot at about 2:30 PM and remained there. Thereafter, HC Virender was deployed as a decoy customer to deal with the accused and at around 4:10 PM three persons were seen coming from B Block. On the pointing out of the secret informer, HC Virender approached them and finalized a deal with said three persons and thereafter lifted his hands and indicated to other members of the police team who rushed to the spot and apprehended all three of them, whose identity was then disclosed as Shajad, Mahesh and Mohd. Nisar (accused before this court), their person searches were conducted.
(62) It is alleged that from the personal search of the accused Shajhad, 140 currency notes of denomination of Rs.1000/ each were recovered from the pocket of his jacket and 07 currency notes of denomination of Rs.1000 each were recovered from the left pocket of his shirt. Further, 10 currency notes of denomination of Rs.1000/ each were also recovered from his pocket and while 02 fake currency notes were kept in a Jar which was Marked S1 and remaining were kept in Jar Marked J1.
From the personal search of accused Mahesh Prasad, 150 currency notes of denomination of Rs.1000/ each were recovered from the left side pocket of his jacket and while 02 fake currency notes were kept in a Jar which was Marked S2 and remaining were kept in Jar Marked J2. From the personal State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 63 of 72 search of accused Mohd. Nisar, 150 currency notes of denomination of Rs.1000/ each were recovered from his belt in between his jeans pant and the underwear and while 02 fake currency notes were kept in a Jar which was Marked S3 and remaining were kept in Jar Marked J3. Thereafter, all the jars were sealed with the seal of KK i.e. SI Kishore Kumar and seized and FIR was registered after which the investigation was handed over to SI Rishi Ram who then arrested all three accused before this court, recorded their disclosure statements and sent the samples of fake currency notes to FICN RBI, Parliament Street and on 12.2.2014 HC Virender was sent to Currency Press, Nashik along with the fake currency notes which were examined and after obtaining the results thereof, prepared the charge sheet and filed the same in the court.
(63) I have carefully perused the evidence which has been produced before me and at the very Outset I may observe that it is the admitted case of the prosecution that a secret information was received by Ct. Parvez Alam (PW5) at around 1:00 PM and there was sufficient time for the police team to have not only reduced this information in writing and inform the senior officers but also to have joined the independent public witness in the raiding party, which has not been done. I am fully conscious of the fact that the investigations conducted by the police cannot be doubted merely because the public witnesses have not been joined because it is a known fact that public persons are slow to involve themselves with police and legal process but I may observe that the spot of the incident State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 64 of 72 where the accused had allegedly apprehended being a Railway Station and there was sufficient time as well as opportunity with the police party to join the independent public witnesses from the Railway Police or Railway Officials or the Shop Keepers from the area which was not done. No doubt the public persons may have refused to join the investigations but the Public Servants on duty in the area cannot refuse.
(64) Secondly the spot of the incident is Subzi Mandi Railway Station where I am sure that CCTV Cameras would have been installed, why no footage / visuals of the spot have been taken and placed before this court ? These visuals could have confirmed the presence of the accused at the spot and lend independent credence to the version of the prosecution and the manner in which the raid had been conducted.
(65) Thirdly the electronic evidence placed before this court in the form of call detail records of phone numbers 9837636879 in the name of Chand S/o Guljar and 9690309744 in the name of Praveen Sharma S/o Mahesh Sharma, does not assist the prosecution in any manner to the extent of showing that the user of number 9690309744 which the prosecution alleges Mahesh Prasad was in close contact with one Chand whose identity till date has not been established nor the concerned person apprehended. In so far as the accused Shajad is concerned, PW12 Shohrab has proved that he is the allottee of number 9417064912 which he had given to Shahjad to use the same, the call detail record of the said number has not been proved as per law so as to confirm either its user by Shahjad State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 65 of 72 or the location of the accused Shahjad at the time of the alleged incident. This despite the fact that two mobile phones were allegedly recovered from the possession of the accused Shahjad one make Nokia bearing SIM No. 7781825058 which was recovered from the house of Shahjad whose electronic details have not been placed before this court and another from his personal search which was make INTEX SHINE of dual SIM No. 7418064912 and 96340056198, whose electronic details have not been proved in accordance with law.
(66) Fourthly the prosecution has also placed its reliance upon the bank account of the accused Shahjad to confirm that in his bank account his name is in fact Shahjan that Shahjad and Shahjan is one and the same person. Reliance in this regard is placed on the Account Opening Form Ex.PW7/D and the Bank Statement Ex.PW7/E showing that Rs.11,000/ cash had been deposited in his account on 17.12.2013 vide Deposit Slip Ex.PW7/G. I have gone through the testimony of PW8 Vinay Kumar Sharma, Manager, Punjab National Bank, Hapur, U. P. and PW9 Arun Kumar, Branch Manager, Punjab National Bank, Lakhaura Branch, Bihar and the documents placed on record by them including the account opening form Ex.PW7/D which bear the photograph of Shahjad which establishes that Shahjad is actually Shahjan S/o Shaikh Nanahak R/o Purushottampur, Bihar. However in so far as the deposits made by him in the bank on 17.12.2013 are concerned, the prosecution has miserably failed State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 66 of 72 to prove how these entries of a huge amount of Rupees Eleven Thousand are relevant and connect him to the charges made against him. However in so far as his identity is concerned, undisputedly the physical appearance of the accused Shahjad matches with the photograph pasted on the Account Opening Form Ex.PW7/D and he is in fact Shahjan S/o Sheikh Nanahak. (67) Fifthly in so far as the forensic record is concerned, I may observe that PW10 Ravi Krishna Srivastav, Deputy General Manager, Currency Notes Press, Nasik, has proved that 444 currency notes of the denomination of Rs.1000/ each, sent to him were counterfeit but he has nowhere specified the details of the seal on his report Ex.PW7/C or otherwise. In his cross examination he admits that the impression of the police seal has not been mentioned in the report and I may observe that this is a major discrepancy and the possibility of tempering of the exhibits by the Investigating Agency under the given circumstances cannot be ruled out, particularly so, when it is an admitted case of the prosecution that the seal after use was given by SI Kishore Kumar to Ct. Pervez Alam which was then returned to him, on the very next day and no documents in the form of handing over or return memo of the seal were prepared. \ (68) Sixthly it is also evident from the record and admitted case of the prosecution that at the time of the seizure neither the photographs or the videography of seized currency notes were done nor any memo of the seal regarding handing over and taking over was prepared. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 67 of 72 (69) Seventhly at the time of the incident it is evident from the record that HC Virender had been appointed as a decoy customer but there was no shadow witness to the deal, creating a serious doubt in the mind of the court as to why it was not done.
(70) Eighthly despite the members of the police party being equipped with the mobile phones containing recorders, the conversation between the decoy customer i.e. HC Virender and the accused which could have been recorded, has not been recorded. Also the photographs of the decoy customer with the accused while the deal was being struck could have been taken or videography of the same done from the mobile phones which all the members of the police party who were allegedly concealing themselves around the area, but they did not do so which is highly suspicious. What transpired between HC Virender and the accused is something which was neither audible nor visible to the Ct. Parvez Alam and SI Kishore Kumar who were about 40 feet away at the time of the alleged deal was being transacted nor has been disclosed by HC Virender in the court and hence under the given circumstances there being no specification provided as to how the deal was finalized nor any independent and authentic confirmation forthcoming to the manner in which the actual deal was struck and the whole prosecution story then falls back on the sole testimony of HC Virender which itself is vague. Hence a serious dent has been made in the prosecution version. State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 68 of 72 (71) Ninethly admittedly all material witnesses of the incident are the police officers being member of the raiding party. While a DD was recorded of the information and ACP level officer informed yet, while the members of the raiding party were leaving the office pursuant to information and after constituting themselves into a raiding party admittedly no search of of any of the members of the raiding party particularly the decoy HC Virender was made nor any inventory / memo of the personal search of these members of the police team was prepared. Nobody was aware as to how much money / currency notes HC Virender was carrying in addition to those which SI Kishore Kumar had marked. Also when the accused were apprehended, none of the members of the raiding party offered their own search either by the accused or by independent persons prior to conducting the search of the accused which is a serious illegality.
(72) Lastly according to the Road Certificate dated 12.02.2014 there were 10 currency notes of denomination of Rs.1000/ each, 140 currency notes of denomination of Rs.1000/ each, 150 currency notes of denomination of Rs.1000/ each and 150 currency notes of denomination of Rs.1000/ each, whereas PW10 Ravi Krishna Srivastav, Deputy General Manager, Currency Notes Press, Nasik has confirmed that they had received 444 currency notes. What happened to the remaining currency notes? How many currency notes were sent to FICN, RBI, Parliament Street? From where these currency notes were taken and before whom the State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 69 of 72 seal was broken and currency notes resealed thereafter? These are the aspects on which there are no answers forthcoming and are material missing links.
FINAL CONCLUSION:
(73) In the case of Sharad Birdhichand SardavsState of Maharastra, reported in AIR 1984 SC 1622, the Apex Court has laid down the tests which are prerequisites before conviction should be recorded, which are as under:
1. The circumstances from which the conclusion of guilt is to be drawn should be fully established.
The circumstances concerned 'must or should' and not 'may be' established;
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty;
3. The circumstances should be of conclusive nature and tendency;
4. They should exclude every possible hypothesis except the one to be proved; and
5. There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.
State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 70 of 72 (74) Applying the above settled principles of law to the facts of present case, it is evident that no doubt the identity of the accused persons stand established but not the charges of their being found in possession of the counterfeit currency notes which they were found using. Further, the irregularities and discrepancies (as discussed in above paragraphs) are too many on which no answers or explanations are forthcoming. Also there are material missing links which cause serious questions on the credibility of the prosecution story so placed before this court.
(75) In this background, I hereby hold that the circumstances reflected from the material on record do not stand conclusively established. The facts are also not consistent only with the hypothesis of the guilt of the accused. The chain of evidence is not so much complete so as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused persons. The materials brought on record by the prosecution is insufficient to hold that the accused is guilty beyond reasonable doubt. Further, each circumstance has not been proved beyond reasonable doubt. The prosecution has also not established a conclusive link connecting each individual circumstance with the other, and the accused. Crucially, the materials and evident on the record do not bridge the gap between "may be true" and must be true" so essential for a court to see, while finding the guilt of an accused, particularly in cases based on circumstances evidence. (76) In view of the above, benefit of doubt is being given to all three accused namely Shahjad, Mahesh Prasad and Mohd. Nisar who are State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 71 of 72 hereby acquitted of the charges under Sections 120B, 489B read with 120B and 489C read with 120B of the Indian Penal Code. (77) All three accused are in Judicial Custody. They be released if not required in any other case.
(78) File be consigned to Record Room. Announced in the open court (Dr. KAMINI LAU) Dated: 19.11.2014 ASJ (NW)II: ROHINI State Vs. Shajha @ Shahjad Etc., FIR No. 06/14, Crime Branch Page No. 72 of 72