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3(vii). Regarding entry in the Log Book.

3(vii)(a). Learned defence counsel has argued that Log Book entries do not tally with Rapat Rojnamcha-Daily Diary entries, .

therefore, prosecution case of having laid Nakka over the place in question is not proved. Learned defence counsel relied upon the statements of DW-1 Inspector Lokender Singh and DW-2 HC Himat Ram, the driver of vehicle, bearing registration No.HP-

33B-1378, to contend that there is variance in the entries in the Log Book of vehicle, vis-a-vis, entires in Rapat Rojnamcha, which go on to prove that no Nakka was laid by the police on the relevant day, time and place in question. Log Book entries Ext.DW-1/A, only show that PW-6 ASI Rajesh Kumar, had taken out the vehicle No.HP-33B-1378, on 09.02.2015, from 11.30 a.m. to 03.30 p.m. and covered a distance of 135 kilometres between Police Station, Aut, to Nagwain-PHC Bali Chowki-Mandi Court and back to Police Station, Aut. Relying upon this entry in the Log Book, learned defence counsel contended that vehicle had never gone to the place of Nakka, i.e., Jhalogi, at 03.00 p.m. In support of his contention, learned defence counsel relied upon 2013(1) Criminal Court Cases 817, titled Krishan Chand versus State of Haryana.

the vehicle in question, deposed that:- he never received any training for making entries in the Log Book; he did not know the rules for making entries in the Log Book; no monthly order was issued regarding Log Book entries; he made entries in the Log Book under the impression that the only object of such entries is to show the kilometres covered by the vehicle and fuel consumed therein. He (DW-2) himself has explained his ignorance about any requirement of law to maintain the entries in the Log Book, strictly as per the events and as per time line.

It is also his version that he did drive the vehicle on the relevant day and time to the place of Nakka in question and had seen entire events, leading to laying of Nakka, search, recovery, of 1.50 Kg. of contraband/charas from the accused persons, seizure and arrest of accused persons. As per his own deposition, he did not maintain corresponding Log Book entries, as he was under the impression that only purpose of making such entries in Log Book, was to show kilometres covered and fuel consumed by the vehicle. He has further stated that Log Book entries have been made by him as per estimate and not on daily basis. And for this reason, he did not fill in Log Book on 09.02.2015, itself, but, did it later, therefore, while trying to adjust kilometres, errors crept in it.