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(b) As regard the allegation regarding abetment of Kamat, it was pointed out that when custody of Telgi was taken by Mumbai Police between 20th October, 2002 and 21.st January, 2003, one Mr. M.N Singh was the Commissioner of Mumbai Police during which period Telgi was allegedly not kept in custody and was staying in his own flat or hotel and only on or about 9th January, 2003 when Mr. Jaiswal upon visting the flat of Mr. Telgi found out the same and brought it to the notice of the Appellant orally whereupon the order of suspension was passed on telephone by him. On 10th January, 2003 which happened to be a Friday, Jaiswal addressed a letter to the Chief Secretary, Maharashtra with a copy to the Appellant which was received in his Office on 12th January, 2003 and on that day itself an order of suspension was passed but the Joint Commissioner actually placed Kamat and others on suspension on 15th January, 2003.

In this connection, we may notice the questionnaire and statement of Shri Maheshgauri, question No. 50 whereof reads as under:

"50) Did CP ever interrogate Telgi in prison? Did CP ever record his statement on the tape recorder?

Are you aware about it?

Ans: - CP did interrogate Telgi in camera in his own chamber. We were present in chamber of CP when AKL Telgi was ushered in by either Mulani or PI Deshmukh. By we I mean DCP Koregaokar was also present when Telgi entered. CP said, "rwgh oks gS uk tks cWkEcs gWkLihVy ds nxsZ is vk;k djrk Fkk uk" Then we moved out. I do not know if the conversation was tape recorded."

If the Appellant was knowing Telgi, there was no reason to seek to identify Telgi by reference to a person who used to visit Bombay Hospital, Dargah. Our attention has also been drawn to the report of the brain mapping test of Telgi. In the said report, it is stated:

"Pursuant to the request made vide letter cited under reference, accused Mr. Karim Telgi was brought for polygraph examination on 20th December 2003. The cited suspect was first interviewed and interrogated. It was found during the interrogation and the interview that the suspect appeared to be concealing some of the relevant information and not truthful to his statement with regard to the involvement of politician and police officers in the fake stamp paper. He was further subjected for "Brain Mapping" test on 21 December 2003."

As regard what transpired in the meeting with Telgi during interrogation by the Appellant, Dr. Jadhav made the following statement in the investigation note:

"On 19/10/2002 accused Telgi was granted magisterial custody and hence, he was to be taken to Yerwada jail. But police commissioner Mr. Sharma ordered us, "Bring the accused to my chamber for the purpose of interrogation" and we had to comply. We took accused Telgi to the office of the police commissioner at around 18.00 hrs. We kept Telgi outside and informed commissioner Sharma by going into his chamber that we had brought Telgi in the office. Then on his direction, we came out of the chamber and sent accused Telgi alone inside as per Mr. Sharma's instructions. After this, Sharma Sahib interrogated the accused Telgi from 18.00 hrs. to 20.00 hrs. The Yerwada jail officials do not allow the accused in the jail late in the night as a regular practice. When we came to know about this, we informed additional police commissioner Mahesh Gauri, accordingly. Then on Mr. Gauri's direction, we went inside Mr. Sharma's cabin and informed him accordingly. That time he said that, he would finish within ten minutes. Then after 10- 15 minutes Sharma sahib called us in and ordered us to take Telgi away. Then along with Telgi, we started moving outside the commissioner's office and towards the Yerwada jail and we asked Telgi about the interrogation by the Sharma Saheb. Here, Telgi told us, "Sharma sahib asked me about the place where I had hided the remaining stamps? To whom and how much money did I give? Who are the political figures of my acquaintance? etc. his main thrust was on these questions, After asking the questions, Mr. Sharma's right hand was moving towards the button of the tape-recorder as he wanted to tape my answers. I was not able to see the tape recorder, but it was evident from the movements of his hand that he was trying to switch on the tape for recording my answers."