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7. Plea of accused Pleaded not gulity

8. Date of reserving the judgment 31.07.2024

9. Final order Acquittal 10 Date of such judgment 06.08.2024 BRIEF STATEMENT OF REASONS FOR THE DECISION OF THE CASE

1. The present case of the prosecution is related to possession and trading of forged stamp papers. As per the prosecution, on 04.11.2003 one secret information was received that two persons would come with forged stamp papers for the purposes of selling them off and that they were selling the stamp papers at half the rates, this information was developed and raiding party was constituted and Ct. Rakesh was deployed as decoy customer and he was asked to strike a deal and he was also given a note of Rs.500/- for the purposes of purchasing forged stamp papers, on the same day at around 09:30PM, accused Ajay Kumar and Kapil Tanwar were found coming as per secret information and they both came on their motorcycle and scooter FIR No.572/2003 PS Hari Nagar/AEC State Vs. Ashok Kumar Goyal & Ors. Page no. 3 CNR No. DLWT02-000213-2004 and Ct. Rakesh had a conversation with accused Ajay Kumar, Ct. Rakesh gave accused Ajay Kumar a note of Rs.500/- which was handed by accused Ajay Kumar to his co-accused Kapil Tanwar and accused Kapil Tanwar took out two stamp papers of Rs.500/- each, then the signal was flashed and all the other police officials reached at spot and apprehended both the accused persons, accused Kapil Tanwar was having one polythene bag which was searched and it was found containing 74 forged stamp papers, accused Ajay was also concealing one polythene bag which was found containing three more stamp papers of value of Rs.5000/- each, then both the accused were accordingly arrested and their respective disclosure statements were recorded, then they claimed that the stamp papers were supplied by accused Neeraj Kumar, accused Neeraj Kumar was accordingly apprehended and he claimed that the stamp papers were supplied by B.P. Sharma, the house of accused B.P. Sharma was searched and from there nine stamp papers were recovered which were found to be forged ones, accused B. P. Sharma further disclosed that all these stamp papers had been supplied by accused Ashok Kumar Goyal and accused Jagdish, then they were also arrested and present charge-sheet was prepared. After thorough investigation, it was found that all the accused persons in connivance with each-other formed a conspiracy to forge stamp papers and sell them to earn profit and FIR U/s FIR No.572/2003 PS Hari Nagar/AEC State Vs. Ashok Kumar Goyal & Ors. Page no. 4 CNR No. DLWT02-000213-2004 420/471/474/120-B/34 IPC was registered against them. Upon completion of investigation into the allegations against the accused persons carried out by the Investigating Officer, a police report under Section 173 Cr.PC was filed in the court.

(o). Inspector Dilip Kaushik, was examined as PW14, who deposed that on 31.03.2004, he was posted at Anti Snatching Cell, FIR No.572/2003 PS Hari Nagar/AEC State Vs. Ashok Kumar Goyal & Ors. Page no. 24 CNR No. DLWT02-000213-2004 Paschim Vihar. Delhi as Sub-Inspector, on that day, further investigation of the case FIR No. 198/04, PS Paschim Vihar was marked to him and he arrested accused Jagdish and at his pointing out some forged stamp papers and printing machine etc. were recovered from the possession of accused. PW14 further deposed that he prepared pointing out seizure memo Ex.PW12/A and the recovered case property was deposited in Malkhan and accused was put behind bar. PW14 further deposed that on the next day the PC remand of accused Jagdish was obtained and accused Ashok Kumar Goyal and some other accused persons were also arrested. PW14 correctly identified accused Ashok Kumar Goyal present the Court. PW14 was cross-examined by Ld. Counsel for accused B. P. Sharma and he was not cross-examined by other accused persons.

BRIEF REASONS FOR DECISION:-

8. The role and allegations against the accused persons, shall now be dealt wr.t. the above mentioned legal provisions:

All accused persons have been charged for offence U/s 474/420/120-B IPC with the allegations that they were found in possession of forged stamp papers which they sold at half the price to general public. The entire case of prosecution is based on the disclosure statement of one accused person against another co-accused and the subsequent recoveries of stamp papers from them. The criminal machinery was put into motion in this case on the basis of one secret information stating that accused persons Ajay Kumar and Kapil Tanwar used to sell forged stamp papers at half the price, on the basis of which the present FIR was registered. At the behest of the secret informer, accused Ajay and Kapil were apprehended on 04.11.2003 with forged stamp papers seized vide seizure memo Ex.

PW10/A and Ex. PW10/B. Accused persons Ajay and Kapil disclosed that he had purchased the said stamp papers from accused Neeraj, then FIR No.572/2003 PS Hari Nagar/AEC State Vs. Ashok Kumar Goyal & Ors. Page no. 29 CNR No. DLWT02-000213-2004 a raid was conducted at the house of Neeraj and he was arrested vide Ex.PW12/A and disclosed vide memo Ex.PW12/E that he had purchased the forged stamp papers from accused B.P. Sharma at a lower price, then raiding team went to the house of accused B.P. Sharma from where thery recovered stamp papers which they seized vide memo Ex. PW5/A and he further disclosed vide memo Ex. PW10/C that he purchased stamp papers from accused Jagdish and Ashok Kumar Goyal. It is stated stamp papers were recovered from all the accused persons.