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Showing contexts for: Banks ATM in Munish Kumar And Anr. vs State Of J&K; on 26 February, 2018Matching Fragments
PW 3 HC Dilip Singh stated that accused Manish and Sunil Kumar were known to him. On 08.01.2015, he was patrolling alongwith SHO at the Railway Platform and when they reached near J&K Bank ATM, they found accused having been detained by the officials of Special Branch. On checking the bag, injections were found contained in the bag and the accused could not justify the possession and failed to produce any bill/receipt. SHO drafted a docket and sent Ct Lal Din to the police station and from police station I.O came on spot. The bag had been recovered from the possession of both the accused. I.O Ali Mohd searched the bag and found injections only which on being counted, came out 3880, which were taken to Police Station. At the time of seizure, two Head Constables Sat Pal and Kamal Mehra besides Ct. Akhter and SPO Sunil Kumar of Special Branch, were present. On his cross-examination he stated that the place of occurrence was near J&K Bank ATM, from a thoroughfare and people used to cross that place. ATM Guard or any other passer- by had not been called. SHO had opened the bag himself and had taken out drugs. The bag contained 54 packs with 50 injections each. The injections had been counted after the arrival of I.O, who had reached on spot at 4:10 P.M. I.O at the time of counting had also not called any other persons or ATM Guard. After counting the injections, seized bag and the accused had been shifted to Police Station at about 5:00 P.M. Accused had been photographed alongwith consignment at Police Station and till then, recovered material had not been sealed. I.O had recorded his statement in the evening.
PW 4 Ct Lal Din stated that accused were known to him. On 08.01.2015, while proceedings towards Waiting Hall No. 2 , near J&K Bank ATM after patrolling at Platform no.1, he found that the officials of Special Branch had detained accused and in the meantime , SHO also came on spot. Accused on being enquired gave no satisfactory reply with regard to their bag which was subjected to search by SHO and 3880 injections of three kinds were recovered from their bag. I.O came on spot and shifted the accused to Police Station. Neither his statement had been recorded by the police, nor had any seizure been prepared in his presence. On his cross- examination, he stated that he had left with SHO at 2:30 P.M from the police station and it would have taken 10 minutes to reach to Platform No. 2 from police station on foot. They had stayed at their office at Platform No. 1 till 3:15 P.M and would have taken another ten minutes to reach near J&K Bank ATM where accused had been detained. There was movement of the people at that time. However, SHO had not called any of them. I.O had reached on spot at 3:50 P.M, who had taken out injections from the bag and disclosed that 3880 injections had been recovered. No civilian had been called on spot by the I.O at the time of recording of docket or counting of injections. I.O ASI Ved Parkash, except drafting of docket for registration of the FIR, had not conducted any other proceedings on spot.
PW 6 SGCt Rakesh Kumar stated that on 08.01.2015, at about 4:00/4:30 P.M, he had clicked photographs near J&K Bank ATM at Railway Station on the instructions of Inspector GRP Jammu and identified the photographs marked as 'RK-2' and 'RK- 4'. These photographs were of the accused and of the recovered injections. On his cross-examination, he stated that he had been called by GRP Police Station at 4:30 P.M and when he reached there, he found the accused, standing there. He, however, denied having knowledge as to wherefrom the accused had been detained. After photography, accused alongwith consignment had been shifted to the police station by the police. In the evening, the seized material was again opened and he had clicked photographs ' RK-1' and 'RK-3', there. No material had been seized by the police in his presence.