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24. For better appreciation of testimony of PW10 Sh. E. S. L. Narsimhan qua the content of is letter Ex PW10/A-1, his entire testimony is quoted hereunder:-

"Presently I am serving as the Governor for the States of Telangana and Andhra Pradesh. In the year 1996, I worked as Joint Secretary (Personnel) in the Ministry of External Affairs, Government of India , New Delhi.
I have seen the letter dated. 2-8-1996 marked as Exhibit through the PW.8 as Ex.PW.8/1. The Embassy of Belgium in India vide letter dated 26-4-1996 addressed to Shri Vimal Satyarthi the National Security Guards and requested him to issue a modified End User Certificate in respect of import of two systems. The National Security Guards vide their response indicated that the Certificate enclosed in the communication received from the Belgium Embassy in India was a fraudulent certificate and not issued by the National Security Guards and that formed the basis for this letter, which he wrote to the Intelligence Bureau and Special Secretary, Ministry of Home Affairs and Director General, National Security Guards. Ex.PW.8/1 bears my signature and I (CNR No. DLCT11-000005-2022) Date of Decision 22.01.2022 identify the same and it is marked as Ex.PW10/1/A. CROSS EXAMINATION FOR THE ACCUSED By Shri. M. P. Singh:
It is true that the Belgium Embassy has addressed a letter to Shri Vimal Satyarthi seeking a modified End User Certificate in respect of import of two systems. It might be correct that I have been orally told by the Counselor of Belgium Embassy, and on that basis, the said letter was addressed. Witness adds that, he could not remember the things exactly. The investigating agency in this case has not recorded my statement in the present case. The facts in the present case are not within my personal knowledge, but whatever facts were brought to my notice by the officials of Belgium Embassy, the same were communicated in the form of letter in Ex PW.8/1."

25. Perusal of Letter dt. 02.08.1996 Ex PW10/A-1 (also exhibited as PW8/1) shows that matter (of forged End User Certificate) was taken up with Belgium Embassy and they were requested to stop supply of the equipments as NSG had not indented for the same. Request (to Embassy of Belgium) was also made to investigate the matter further. In the said letter it is further mentioned that Counselor in the Belgium Embassy, Delhi had met him (PW10) on 02.08.1996 and indicated that the equipment mentioned appeared to have been indented for by Mr. Harish Gupta, Secure Telecom Private Ltd. who, in a meeting with one Josef Van Troy, a Commission Agent of Hercules Ltd., U.K. Kingston, had sought that equipment and given that certificate purportedly from NSG. The equipment was thereafter to be indented for Hercules NV Belgium, a non existent company with only a P. O. Box.

45. Perusal of Letter dt. 2.08.1996 Ex PW10/A-1 (also exhibited as PW8/1) written by E. S. L. Narsimhan (PW10) and addressed to Additional Director, Intelligence Bureau with copy marked to Sh. V. S. Mathur, Special Secretary, MHA and Sh A. K. Tandon, Director General, NSG, shows that matter was taken up with Belgium Embassy and they were requested to stop supply of this item as NSG had not indented for the same. Request (to Embassy of Belgium) was also made to investigate the matter further. In the said letter it is further mentioned that Counselor in the Belgium Embassy, Delhi had met him (PW10) on 2.08.1996 and indicated that the equipment mentioned appeared to have been indented for by Mr. Harish Gupta, Secure Telecom Private Ltd. who, in a meeting with one Josef Van Troy, a Commission Agent of Hercules Ltd. U.K. Kingston, had sought this equipment and given this certificate purportedly from NSG. The equipment was thereafter be indented for Hercules NV Belgium, a non existent company with only a P. O. Box.