Indian Kanoon - Search engine for Indian Law

12. In its report Deputy Superintendent of Police, referring statement of ASI Gopal Singh, has submitted that SIU Team Baddi, on the basis of information from informer had tried to purchase opium from Deepak Rai by becoming dummy customers, but Deepak Rai and Gurnam Singh kept on wandering here and there alongwith dummy customers of SIU Team and informer in the places like Chowkiwala, Chuhuwal, Nalagarh and Ghansot etc. on the pretext of providing opium, but near Dattowal they refused to supply opium, probably smelling that members of SIU Team were dummy customers and, thereafter, police party came to the area of Nangal where, at 8.20 p.m. they .

received information, referred supra, and in furtherance thereto, both petitioners were apprehended as narrated in the status report recorded hereinabove.

13. Learned Additional Advocate General has also placed reliance upon Daily Diary Report No.3 dated 22.07.2020 of SIU Baddi, recorded regarding his departure alongwith police party in the area of Police Station Nalagarh and also Rapat No.4 dated 23.07.2020 of SIU Baddi, recorded regarding arrival of police party at 7.00 a.m., wherein it has also been recorded that during patrolling ASI Gopal Singh received information from informer about involvement of Gurnam Singh and Deepak Rai in illegal business of selling opium, whereupon, ASI Gopal Singh alongwith informer and SIU Team members had approached both of them by purporting them customers and both of them had agreed to supply opium at Sattewal. Whereupon, ASI Gopal Singh had arranged two vehicles HP-03C-2077 and HP-12N-6915 and reached at Sattewal and both accused persons came there in vehicle HP-12M-7070 and, thereafter, both of them took dummy customers i.e. SIU Team members and informer to Chowkiwala, Nalagarh, Ghansot, Chuhuwal etc. for supplying opium, but lastly they refused to supply opium. Further that, thereafter, ASI Gopal Singh alongwith officials was present near Nangal Bus Stand and after receiving information as recorded in FIR No.230 of 2020 had completed the proceedings and all these facts were informed to the higher officers through telephonic information.

14. Respondent-State has also relied upon general .

details of General Diary recorded on various dates with respect to working and checking of CCTV cameras installed at various places in Nalagarh area and it has been claimed that most of these CCTV cameras were not working on 22.07.2022/23.07.2020.

15. Learned counsel for the petitioner has submitted that in Rapat No.3 dated 22.07.2020 of SIU Baddi, only departure of the police party has been mentioned. Further that, Rapat No.4 of 23.07.2020 of Daily Diary Report has been recorded regarding arrival of the police party in Police Station and change of date, but in the said Daily Diary Report, a story of receiving information, approaching both petitioners by SIU and informer as dummy customers and roaming of SIU Team and informer alongwith petitioners in three vehicles has been introduced, but no such information regarding dummy customer story has been mentioned in the Rukka sent for registration of FIR. He has further submitted that these reports are concocted and fabricated as no such register has been produced or available or kept by SIU which is independent of Register being maintained in the Police Station. Further that, now every proceeding of the Police Station and recording of Daily Diary Report is done in Computers. Whereas, these Report Nos.3 and 4 have been recorded by hand and there is no reason explained for recording these two reports on plain papers or Register instead of recording the same in Computers. Whereas, other Daily Diary Reports, except Daily Diary Reports related to out of order CCTV cameras and roaming with accused persons in Nalagarh area, .

16. Learned counsel for the petitioner has submitted that veracity of prosecution case is demolished by the fact that in Rukka, FIR as well as in challan, it has been stated by ASI Gopal Singh that on reaching on the spot, on the basis of information received at 8.20 p.m., two person(s) were found sitting in the car on front seat and their names and addresses were inquired. He has submitted that if both petitioners were alongwith SIU Team since morning as claimed in Rapat No.4 and in statement of ASI Gopal Singh recorded in December 2020 during inquiry by Deputy Superintendent of Police, then there was no occasion for ASI Gopal Singh to record that two persons were found sitting in the car and their names were inquired as not only SIU was well acquainted with identity of petitioners, but petitioners were also familiar to the SIU as all of them were roaming together in Nalagarh area since morning. It has further been submitted that apart from roaming together on 22.07.2020 for whole day, some members of SIU were local persons and petitioners were also .