Indian Kanoon - Search engine for Indian Law

(i) On 04.04.2007, the recovered pistol, 8 cartridges and the samples of recovered heroin with FSL forms of this case were sent to FSL, Rohini and after receiving the reports from FSL that the currency notes recovered were counterfeit and the drugs recovered contained high percentage of diacetylmorphine, the present chargesheet was filed on 12.09.2007 after taking sanction u/s 39 of the Arms Act.

(j) Thereafter on 2/7/2008 an application seeking production warrants for accused Sukhwinder was filed inter alia mentioning therein that this accused has been arrested in FIR No. 77/07 PS Special Cell, on 26/2/2008 and the disclosures, records of seized mobile phones and intercepted calls on electronic surveillance in the said case had revealed that this accused was dealing in drugs, illegal arms and fake currency in conspiracy with accused Jagdeo and Gurdeep and that accused SC No. 82/08 NCB Vs. Jagdeo Singh & Ors.

accompany them, he was pushed into the gypsy by the said officials. This accused has further stated that thereafter the said officials tied his hands with rope and covered his face with a cloth and the vehicle was then taken to Dhaula Kuan and thereafter to Laxmi Nagar where he was shifted from the said gypsy to a private Wagon R car and in the said Wagon R, he saw that his co­accused Gurdeep Singh alongwith Inspector Upendra Solanki were already sitting. This accused has further stated that thereafter he and Gurdeep were taken to Special Cell, Rohini and beaten by the police officials. He has also inter alia stated that none of the documents filed on record by the prosecution purportedly signed by him bear his signatures. According to him, he has been falsely implicated in this case only because in the year 1999 when he was arrested in a dacoity case, he had filed a complaint against the IO of the said case, SI Ombir Singh that the said police official had demanded dacoity amount from him and based on the said complaint, SI Ombir Singh was dismissed from services and that his cousin SI Harbir Singh, IO of this case, to take revenge from him has now falsely implicated him in this case. As regards the intercepted mobile phone conversations, this accused has taken a stand that the conversations are not in his voice.

FIR No. 77/07 that the intercepted mobile phone conversations between the accused persons in the present case were made a part of the supplementary chargesheet and filed. It has also been contended by Ld. APPs that the report of the handwriting expert cannot be read to infer that the signature of accused Jagdeo have been forged on various documents prepared at the spot. The submission of Ld. APPs is that infact accused Jagdeo is a hardened criminal and that he had deliberately put his signatures on the said documents in a different manner than the manner in which he gave his specimen signature before the court. As regards the medical reports, the submission of Ld. APP Sh. Rajiv Mohan is that the accused persons had not complained about having received any injuries at the hands of the investigating officers, before the Ld. Judge who had granted police custody of seven days of these accused persons to the investigating officials, when the said accused persons had been produced before the Ld. Judge for the first time after their arrest on 24.03.2007. His submission is that the Ld. Judge had granted police custody of the accused persons only after being satisfied about the necessity and the desirability of the same and that therefore there is no force in their contention that they were forced to sign various documents and that infact nothing was recovered from them.

of surveillance of the mobile phones of the various persons involved in terrorist activities was to be kept very secret on the instructions of senior officials. He has further deposed that during the surveillance of the mobile phone of accused Sukhwinder, it also came to his knowledge that accused Sukhwinder was also found involved in the supply of fake currency, drugs, arms and ammunitions and that he was in touch with accused Jagdeo and Gurdeep and used to supply the same to them in Delhi for further sale and that he (SI Harbir) had relayed only the said fact of the activities of Jagdeo and Gurdeep in Delhi to Inspector Anil Dureja and that the said Inspector had thereafter developed on his own further information with respect to the activities of Jagdeo and Gurdeep. He has further deposed that it is only when on 02.04.2008 he was given permission, he handed over in a pen drive to SI Upendra Solanki, the intercepted mobile conversations pertaining to the accused persons in this case. It is on the basis of the said deposition that Ld. APP Sh. Rajiv Mohan has submitted that since the senior officials investigating the FIR no. 77/07 had taken a conscious decision that the intercepted calls will not be made public till the entire network of the terrorists is exposed in the said FIR, that the intercepted mobile phone conversations between the accused persons in the present case were not placed on record initially alongwith the main chargesheet. In the considered opinion of SC No. 82/08 NCB Vs. Jagdeo Singh & Ors.