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Showing contexts for: phone interception in Cbi vs . Anup Kumar Srivastava Etc. Judgement ... on 26 August, 2016Matching Fragments
CBI Vs. Anup Kumar Srivastava etc. Judgement Dated : 26.08.2016 The order of Home Secretary, UOI, dated 22.12.2011, is for interception of phone no. 1125225641, is Ex.PW15/C (D22).
The order of Home Secretary, UOI, dated 30.12.2011, is for interception of phone no. 9560806997, is Ex.PW15/D (D23).
The order of Home Secretary, UOI, dated 30.12.2011, is for interception of phone no. 8130000444, is Ex.PW15/E (D24), The order of Home Secretary, UOI, dated 30.12.2011, is for interception of phone no. 9811602221, is Ex.PW15/F (D25).
3) on the ground that main counsel were present in the morning, but had to leave for a conference/ some matter in the hon'ble High Court.
Examination dated 11.04.2014 XXXXX by Sh. V.K. Ohri, Advocate for Lallan Ojha (A2).
The recording of intercepted calls of a particular phone number, is carried out only as per the order of competent authority and not randomly. The competent authority is approached by Director, CBI. I do not know when did Director, CBI write to competent authority for interception/ recording of calls in the instant case. I had no occasion to see the Director, CBI's letter in this regard. Volunteered : I only saw the order of the competent authority. The recording of the phones in the instant case started on or after the date of issuance of order by the competent authority. But, I do not remember the date. I do not remember when did the interception/ recording of said phones end. I do not sit in the office of Director, CBI. My office was in Special Unit, Jamnagar House, Akbar Road, New Delhi. The interception / recordings were done in the aforesaid office of Special Unit, in this particular case. There is no Telephone Exchange set up in the said office. The interception is being done by using Voice Logger Systems. The service provider is requested to intercept and forward each and every communication in respect of the telephone numbers which were ordered by the competent authority to intercept for the period mentioned in the said order. Such request is made in writing. In the instant case, the requests for interception and forwarding of calls, were made by the Superintendent of Police, Special Unit, CBI, New Delhi to the respective Nodal Officers of the telephone companies/ service providers. I do not know as to when were these letters of request were sent. I do not remember whether these letters are on record. I do not wish to refer the record to respond, as such letters are matter of record.
44. Ld. Defence counsels have pointed out that human intervention should have been totally ruled out by prosecution. I may mention here that in the entire cross examination of PW15, the defence counsels could point out to Call No. 90 & 91 only. Ld. Defence counsels suggested that Call No. 91 was replaced and Call No.90 is pasted at its place. PW15 has denied and has also explained that Call No. 90 was intercepted on mobile phone no. 8130000444 and call no. 91 was intercepted on mobile phone no. 9818517000. This is a proper explanation, which is further proved by the particulars mentioned in Annexure 'A' to the certificate under Section 65B of Indian Evidence Act in respect of Call No. 90, which shows number of intercepted mobile as 8130000444, whereas, the intercepted mobile at call no. 91 is 9818517000. Of course, the contents of Calls no. 90 and 91 are same and therefore, Call No. 91 has not been specifically proved. There may be a question that as to whether there was a different call no. 91 and was there any possibility of its being CBI Vs. Anup Kumar Srivastava etc. Judgement Dated : 26.08.2016 exculpatory in nature? I would say that I have no reason to disbelieve the testimony of PW15 in this regard because there is no reason as to why he would remove actual Call No. 91 and put Call no. 90 again in place of it. The conversation of the intercepted calls other than Call No. 91 is so overwhelmingly opens up the entire scenario that it is not reasonable to believe that Call No. 91 could have been exculpatory in nature in any manner.
7. Intercepted mobile phones/ landlines
131. PW15 has proved his certificate under Section 65B of Indian Evidence Act as Ex.PW15/G (D26) and he has annexed as Annexure 'A' all the details of named recorded call file, date of recording on computer system, time of recording on computer system and the intercepted phone number. I would like to reproduce the same as under :
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