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3. During investigation by Sh. Chander Mohan, ACP, DIU, Outer Distt., the role of five accused persons were ascertained i.e. accused Jagbir Singh, Chokhey Lal, Virender, Narender Singh Bhati and Jaipal @ Chaudhary. IO ACP Chander Mohan obtained NBWs against all five accused persons and thereafter proceeding u/s 82/83 Cr.P.C. were issued against them. Accused Chokhey Lal and Virender were arrested by the Crime Branch u/s 41.1 Cr.P.C. on 19­11­2008 and 20­11­2008 and their formal arrests were made in this case on 20­11­2008 and 21­11­2008. Confessional statements u/s 18 MCOCA of both accused were got recorded. The remaining three accused namely Jagbir Singh, Narender Singh Bhati and Jaipal @ Chaudhary were declared PO. During investigation, accused Chokhey Lal was found active member of organized crime syndicate for pecuniary gains by grabbing land/ plot and he was found involved in case FIR no. 291/02 u/s 420/468/471 IPC, PS S. P. Badli. Accused Virender was found an active member crime syndicate along with his father Mansa Ram already chargesheeted for MCOCA for pecuniary gains by assisting grabbing land/ plot. He was involved in case FIR no. 99/07 u/s 336/506/427/201/34 IPC & 25 Arms Act, PS S. P. Badli. Accused Jagbir Singh, Jaipal and Narender Singh Bhati were declared PO on 27­01­2009. Supplementary chargesheet was filed against accused Chokhey Lal and Virender u/s 3 & 4 of MCOC Act. Accused Jagbir Singh was arrested by Crime Branch u/s 41.1 Cr.P.C. on 17­05­2009 and his formal arrest in this case was made on 18­05­2009. Accused Jagbir Singh gave his confessional statement u/s 18 MCOC Act. Accused Jagbir Singh was found head of crime syndicate of organized crime for pecuniary gains by grabbing lands/ plots. He was found involved in 10 criminal cases in Delhi and 14 criminal cases in UP. Accused Narender Singh Bhati was arrested by Special Cell/ NDR u/s 41.1 Cr.P.C. on 28­06­2009 and his formal arrest was made in this case on 01­07­2009. His confessional statement u/s 18 MCOC Act was also recorded. Accused Jaipal @ Chaudhary was arrested by Crime Branch u/s 41.1. Cr.P.C. on 04­06­2009 and his formal search was made in this case on 04­06­2009 and his confessional statement u/s 18 MCOCA was recorded. It was established that all the chargesheeted accused persons were active members of organized crime syndicate who grabbed land/ plot for the syndicate. Supplementary chargesheet was filed against the remaining accused persons u/s 3 & 4 MCOCA.

6. PW9 SI Jagir Singh, in his testimony, exhibited arrest memos and personal search memos of accused Kuldeep Tokas and Mansa Ram Ex. PW9/A to PW9/D. PW12 Inspector Ram Avtar, in his testimony, exhibited disclosure statements of accused Kuldeep Tokas and Mansa Ram as Ex. PW12/A and PW12/B; arrest, personal search and disclosure statement of accused Mahavir Singh as Ex. PW12/C to PW12/E. PW13 Retd. ASI Prem Singh in his testimony, exhibited certified copy of chargesheet against accused Mahabir Singh, Jai Pal Singh Singh and Jagbir Singh as Ex. PW13/A. PW15 Devesh Chandra Shrivastava (IPS), Addl. CP in his testimony exhibited the proceedings (preliminary questions) put to accused Kuldeep Tokas as Ex. PW15/A; confessional statement of accused Kuldeep Tokas as Ex. PW15/B; requisite certificate as per section 18 of MCOCA as Ex. PW15/C; proceedings (preliminary questions) put to accused Mansa Ram as Ex. PW15/D; confessional statement of accused Mansa Ram as Ex. PW15/E; requisite certificate as per section 18 of MCOCA as Ex. PW15/F and application addressed to Ld. CMM for production of both accused and proceedings before Ld. CMM as Ex. PW15/G. PW16 SI Ravinder Singh, in his testimony, exhibited the certified copy of chargesheet as Ex. PW16/A and certified copy of cognizance order dated 01­03­2008 as Ex. PW16/B. PW17 SI Ram Niwas in his testimony exhibited certified copy of chargesheet of case FIR no. 99/07, PS Samaipur Badli as Ex. PW17/A and cognizance taken in the said case u/s 336/506/427/34 IPC r/w section 25 Arms Act as Ex. PW17/B. PW18 Sh. Sanjeev Jain, ASJ, Saket Courts, in his testimony, exhibited proceedings qua accused Kuldeep Tokas as Ex. PW18/A and proceedings qua accused Mansa Ram as Ex. PW18/B. PW19 Inspector Vivek Tyagi, in his testimony, exhibited the Kalendra u/s 41.1 Cr.P.C qua accused Jagbir Singh as Ex. PW19/A and Kalendra u/s 41.1 Cr.P.C. qua accused Narender Bhati as Ex. PW19/B. PW20 Sh. N. S. Bundela, Dy. Director, Bureau of Immigration, in his testimony, exhibited the application for recording confessional statement of accused Chokhe Lal as Ex. PW20/A; proceedings qua accused Virender as Ex. PW20/B; proceedings qua accused Chokhe Lal as Ex. PW20/C. PW21 Inspector Sanjeev Kumar Verma executed the process u/s 83 Cr.P.C. Qua the accused Narender Singh Bhati, Jaipal and Jagbir Singh and exhibited the arrest memo and disclosure statement of accused Chokhe Lal as Ex. PW21/A and PW21/B; arrest memo and disclosure statement of accused Virender as Ex. PW21/C and PW21/D. PW22 Sh. Jaspal Singh, Dy. Director, IB, in his testimony, exhibited proceedings qua accused Jagbir as Ex. PW22/A; his application addressed to Ld. CMM as Ex. PW22/B. PW23 Jaiveer Singh, Mauza Clerk, Record Room, Rohini, in his testimony, exhibited copy of chargesheet of FIR no. 99/07 as Ex. PW23/A; copy of cognizance order dated 19­05­2009 as Ex. PW23/B; copy of chargesheet of case FIR no. 308/99 as Ex. PW23/C and cognizance order dated 01­09­99 as Ex. PW23/D. PW24 Inspector Rajeev Shah, in his testimony, exhibited arrest memo of accused Narender Bhati as Ex. PW24/A.

32. PW15 Sh. Devesh Chandra Shrivastava, ACP stated in his examination­in­chief that on 06­05­2008, he was working as DCP, North Distt. and accused Kuldeep Tokas and Mansa Ram were produced by IO ACP DIU/Outer Sh. Mohan Chander, Inspector Ram Avtar and other staff of DIU for recording their confessional statements as per the provisions of Section 18 of MCOCA pursuant to the orders of the then Joint Commission of Police, Northern Range, Sh. P. R. Meena (IPS). On 07­05­2008, PW15 recorded their confessional statements Ex. PW15/B and Ex. PW15/E. PW15 stated that strict compliance of section 18 MCOCA was made. PW15 stated that confessional statement of accused Kuldeep Tokas and Mansa Ram were recorded in verbatim. PW15 read over the contents after the same being recorded and in token he also signed. He exhibited the requisite certificate as per section 18 of MCOCA vide Ex. PW15/C and Ex. PW15/F and application addressed to Ld. CMM for production of accused and proceedings as Ex. PW15/G. After completion of recording of proceedings, PW15 forwarded the proceedings to be placed before Ld. CMM in sealed cover through SI Bhoop Singh. PW15 stated that accused Mansa Ram and Kuldeep Tokas were directed to be produced before Ld. CMM after taking due precautions and as per the procedures enumerated in MCOCA. During cross­examination by Ld. Amicus Curiae, PW15 could not remember if it was mentioned in the proposal initiated at the instance of ACP that accused Mansa Ram was involved only in one case along with co­accused Jagbir Singh.

44. PW45 Sh. Gurbachan Singh, Dy. S. P. Lakshyadweep Police stated in his examination­in­chief that on 08­10­2008, being ACP at DIU (N/W), case file was marked to him for further investigation. On 20­11­2008, PW45 interrogated and arrested accused Chokhe Lal and he gave disclosure statement. On 21­11­2008, he arrested accused Virender and recorded his disclosure statement. PW45 produced both the accused before DCP (N/W) Sh. N. S. Bundela and got recorded their confessional statements. On 18­05­2009, accused Jagbir was produced by the officials of Special Cell before Ld. CMM. Thereafter, accused Jagbir was arrested and his confessional statement was also got recorded through DCP (N/W). However, PW45 in his cross­examination admitted that he had not collected any evidence regarding acquiring of any movable or immovable properties by accused Chokhe Lal and Virender being a member of organized crime activities. PW45 also stated that he was not aware if the residential accommodation of Chokhe Lal was acquired by him prior to 2001.PW45 was also not aware if accused Virender was not having any movable or immovable property in his name. PW45 further stated in his cross­ examination that he did not know whether Chokhe Lal and Virender were BC of any PS or not. PW45 stated that as per the FIR, there were more than 20 persons who were named but it was decided to proceed against 8 accused persons only under MCOCA and said 12 persons were not chargesheeted as they were not coming in the purview of MCOCA. PW45 stated that he did not mention that involvement, if any, in previous case of any of the said 12 persons in supplementary chargesheet filed by him. PW45 did not file the CDR of cell phone used by accused Jagbir in the supplementary chargesheet filed by him. PW45 admitted that during his investigation, he did not check whether there was any movable or immovable property in the name of accused Jagbir in the vicinity of Swaroop Ngar or rest of Delhi.