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34. Vide DD No. 3B Ex.PW10/B, SI Brijveer, Ct. Pradeep, HC Latafat and secret informer left the Police Station along with IO kit, Field Testing Kit and Electronic Weighing Machine to the spot. Duty Officer/PW1 ASI Tahir Hussain in his crossexamination stated that he had not made DD entry regarding departure of HC Latafat Ali, Ct. Pradeep and SI Brijveer and that he could not recall when SI Brijveer had done arrival or departure entry. In his further cross examination, PW1 stated that SI Brijveer and HC Latafat Ali had not come to police station in his presence. He could not recall the name of MHCM posted on 16.02.2017. However, in reexamination by Ld. Addl PP, after seeing DD No. 3B dated 16.02.2017, he admitted that the entry was made by SI Brijveer but stated that the said entry was not made by SI Brijveer in his presence. He further stated that SI Brijveer had left the PS alongwith Ct. Pradeep and HC Latafat.
IV. ISSUANCE OF ELECTRONIC WEIGHING MACHINE AND FIELDTESTING KIT.
43. It is the submission of Ld. counsel for the accused that the testimonies of the prosecution witnesses regarding Field Testing Kit and electronic weighing machine are full of contradictions and put dent in the story of prosecution. In this regard, one may peruse the testimony of relevant prosecution witnesses. PW2 SI Brijveer deposed in his examinationinchief that he along with other police staff and IO kit, weighing machine and fieldtesting kit left the PS. In his cross examination, he stated that field testing kit was issued to him from the Malkhana, PS Seema Puri. He further stated that field testing kit was in IO bag. He could not tell when he kept field testing kit in the bag.
44. PW3 HC Latafat Ali and PW4 Ct Pradeep Sharma admitted upon being asked specifically by Ld. Addl PP that SI Brijveer had taken IO kit, field testing kit and electronic weighing machine while leaving the PS for the spot. PW4 Ct. Pradeep Sharma in his crossexamination stated that in his presence, IO had not taken the fieldtesting kit and weighing machine from the Malkhana. He stated that field testing kit was of glass but the next moment he added that he did not remember. He could not tell the size, make or description of fieldtesting kit. He did not remember as to how many rows and columns were there in the fieldtesting kit. He did not remember as to from where IO procured the field testing kit. He did not remember whether IO had deposited the fieldtesting kit in the malkhana after it was used at the spot. PW7 SI Vishwender (second IO) in his crossexamination stated that he had not collected any details as to when the fieldtesting kit and weighing machine were issued by the MHCM and that he had not recorded the statement of first IO in that regard.
45. PW10 Insp. Sanjeev Kumar, SHO PS Seema Puri, altogether introduced a new story by stating that the fieldtesting kit was not available in the PS on 15/16.02.2017. He added that field testing kit was borrowed from Narcotic Cell, Crime Branch by the IO. He stated that he has not confirmed whether SI Brijveer procured it from Narcotics Cell or not. He is not aware when IO got issued the fieldtesting kit from Narcotics Cell.
46. The aforesaid testimonies of the members of raiding team and SHO creates more confusion than clarity as to whether the Field testing Kit and Electronic weighing machine were in IO Bag, if so, when and from where the IO got them issued or that Fieldtesting Kit and Electronic weighing machine were got issued from Malkhana PS or that the said items were procured from Narcotic Cell. No clear picture is depicted from the testimony of aforesaid witnesses. Had field testing kit been issued from the Malkhana, MHCM would have definitely made entry in his register. No such entry has been brought on record by the MHCM, PS Seema Puri. If the same had been borrowed from Narcotics Cell, there could have been some entry in that regard, which has also not been placed on record. PW2 has contradicted SHO PS Seema Puri by saying that field testing kit was in the IO bag, whereas SHO stated that it was borrowed by the IO from Narcotics cell. Even the IO had not deposited the fieldtesting kit and weighing machine in the Malkhana after using the same. Apparently, DD No. 3B Ex.PW10/B records that SI Brajveer, Ct. Pradeep, HC Latafat and secret informer left the Police Station along with IO kit, Field Testing Kit and Electronic Weighing Machine to the spot. Meaning thereby, the said fieldtesting kit and electronic weighing machine were not part of IO Kit. As stated hereinabove, the manipulation in the said DD Entry 3B can also be not ruled out. It remains a mystery as to from where these two items were procured by the IO, which raises doubt about the case of prosecution.