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68. The main evidence regarding the link of accused Mohd.

Asif and Abdul Rehman is the intercepted conversation which was recorded in a CD Ex. PW 51/P1 but this piece of evidence is inadmissible in view of the proviso of Section 46 of UAPA as has been pointed out by Ld. Defence counsel.

69. Regarding the intercepted calls, Sh. Suresh Kadiyan, Assistant Director, IB, MHA (PW28) has been examined who on receipt of request letter Ex. PW 28/A has provided State v. Mohd. Asif & ors the record of intercepted conversation of two mobile numbers 9528029512 and 07795429070 and the data was provided in the form of CD. The witness, in his cross- examination, has stated that he cannot produce the sanction order dated 01.09.2015 as the same has already been destroyed after the expiry of six months. Therefore, in compliance of Section 46 of UAPA, the sanction order has not been produced qua the interception of mobile numbers 9528029512 and 07795429070. The contents of the intercepted communication cannot be received in evidence unless the copy of the interception/sanction order of the competent authority has been supplied to the accused persons. In the present case, although the contents of the intercepted conversation contained in CD Ex. PW 51/P1 cannot be relied upon with respect to the contents of the communication taken place between accused Mohd. Asif and Tajir Pasha (PW51) which has also come on record through written transcript Ex. PW 18/Z2. But still the communication, exclusing its content, carried out through the respective mobile phones of accused Mohd. Asif and PW Tajir Pasha can be used in evidence in order to show the connectivity between accused Mohd. Asif, Tajir Pasha and accused Abdul Rehman and also to show their location as well. As observed above, it has been established that mobile number 9528029512 was used by accused Mohd. Asif and mobile number 07795429070 was used by Tajir Pasha (PW51) and location of both the mobile phones on 11.09.2015 was in Banglore. The intercepted conversation State v. Mohd. Asif & ors was recorded in a CD and PW51 Tajir Pasha has identified his voice in the same and he has not even denied that on 11.09.2015, he was not using the mobile number 07795429070. The conversation between both of them had taken place on 11.09.2015 and the communication between them is allegedly established from the respective CDRs of their respective mobile numbers which were being used by them at that point of time. PW34 Dr. Subrat Kumar Choudhary, Senior Scientific Officer, CFSL, who carried out the analysis of specimen voice sample and questioned voice recording of accused Mohd. Asif and Abdul Rehman, has proved his report as Ex. PW 34/B. He conducted audiometry examination of specimen voice recording of both the accused persons and their respective voice samples were matched with the questioned voice recording which shows that the recorded audio conversation of the intercepted calls of the accused persons have matched with their sample voices.