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14. Similarly, intercepted phone transcripts are challenged as PW19 failed to disclose who prepared the transcript. The certificate issued under Section 65B does not reveal the identity of the translator, the computer system used, or the exact process adopted and contains ambiguous opinions, thereby failing to meet the mandatory requirement of Section 65B of the Evidence Act. Reliance is placed on Anwar P V versus PK Basir, 2014, 10 SCC 473, Arjun Panditrao Kotkar versus Kailash Kusandrao Grantial, 2020, 7 SCC 1 and Sundar @ Sundarajan versus Inspector of Police, 2023, 2 SCC 671.

In cross-examination, he stated that he did not physically intercept the mobile phone conversations. PW 20 further said that in Ext.42, he had not mentioned in which period he was in charge of the office computer where the aforesaid conversations were stored. PW 20 denied that while storing the enclosed sterile CD of Moserbaer CD Pro from mobile phone conversations is tempered and manipulated. PW20 further stated that he did not see the order issued by PW19, under which he retrieved the data from the database and recorded it in a sterile Moserbaer CD Pro, which was marked as CD-II (Sonitpur). PW 20 also denied that Ext.42 interception of mobile phone conversations was not lawfully done.

Page No.# 23/41 XVIII. PW19, Smt. Banya Gogoi, S.P., SOU, Assam, under Special Branch, Assam Police, Kahilipara, Guwahati testified that since 2007, has been looking after mainly the collection of extremist Intelligence Inputs using both human resources and scientific techniques and devices. They usually collect conversations intercepted under lawful interception on mobile phones by various terrorists/extremists involved in various unlawful activities. They mainly collect those interceptions of telephonic conversations made by cadres of different active terrorist/extremist organisations of Assam. They also intercepted telephonic conversations of NDFB(S) cadres and stored them in their database system, which is a secret matter. In order to maintain a law and order situation, they share these interceptions and intelligence inputs with other law-enforcing agencies of both the central and state governments. On 15.6.2015, PW19 received a requisition from NIA, Guwahati vide letter No.RST/CIO/RC- 04/2014/3150 dtd 15.6.2015 signed by one Ranbir Singh, DSP, NIA, Guwahati for providing further copies of lawful interceptions of mobile phone conversations of NDFB(S) cadres through mobile phones (Ext.37). For lawful interception of conversations through mobile phones, permission from the competent authority is necessary under Indian Telegraph Act, 1885. They were issued such orders from the competent authority for lawful Interception of conversations.

She proved Ext.38, Ext.39 & Ext.40, all are in two sheets each, as those orders under the Indian Telegraph Act, 1885, issued by the Principal Secretary to the Govt. of Assam, Home & Political Deptt, who is the competent authority. These lawful interceptions are done by competent and experienced police personnel under her supervision. The conversations through phones, which are made in local languages, are translated into English. Trained personnel under the department know different local languages of Assam. The conversations made by NDFB(S) cadres on phones are in the local Bodo language and are intercepted Page No.# 24/41 by personnel conversant with the Bodo language. The NDFB(S) cadres also use code language, which is known to them. They decipher the code languages and act accordingly. They provided the translated transcript of the lawful interceptions of mobile phone conversations to NIA, Guwahati. Ext 41 is the forwarding letter, by which PW19 forwarded 20 sheets of translation of the transcript of legal interceptions of mobile phones Nos. 8752882490 along with one CD containing those intercepted conversations used by NDFB(S) extremists NAIHAB and other NDFB(S) cadres for the period from 23.12.2014 to 24.12.2014. These intercepted conversations pertained to the killing of Adivasis by NDFB(S) cadres.