Mitter in his cross-examination had stated that
Form No.29 (CFSL Form) was filled up by SHO Mandip Singh (PW4) in
the Police Station ... Police Station by the SHO. The writing on the CFSL Form
was not in his hand. It was in the hand
that of DSP and SHO were not
directly put on CFSL form Ex.P12 at the spot. CFSL form bears his
signatures but there ... date under the signatures on it. He prepared
three copies of CFSL form like Ex.P12. He could not tell where the other
joined as independent witness,
was given up by the prosecution;
(iii) CFSL form was not prepared at the spot;
(iv) In the seizure memo ... appellant has raised the issue of non-
preparation of CFSL Form (Form-29) at the spot. Learned counsel for the
appellant while referring
there is a serious lacuna in the prosecution case
as the CFSL form effecting the alleged recovery had not been
deposited in the Malkhana ... with HC Gulab Singh PW1. His statement is clear that no CFSL form
was deposited in the Malkhana. The statements of DSP Amarjit
Singh
photocopy of the sample seal impression
pasted on the CFSL form. However, this form itself was not prepared at the
spot. I do not know ... This evidence clearly indicates that
the CFSL form was prepared on 3.11.1997 though the recovery was effected
on 27.10.1997. It is also indicative
Judge also did not find any merit in the arguments that
CFSL form was not filled at the spot and that samples were sent ... have not
been tinkered with. In respect of non-filling of CFSL form at the spot, it was
held that it does not create
after its use, was handed over to HC Paramjit Singh (PW7).
CFSL form was also prepared at the spot and the incriminating
articles, along with ... parcels sealed with
impression SS/KS, along with sample seal and CFSL form were
handed over to C.Balwinder Singh No. 950 for depositing
under Section 15 of the Act. He further submitted that the
CFSL Form, was not prepared, at the spot, and, as such, it could ... that, there is no
provision of law, for the preparation of CFSL Form, at the spot. He
further submitted that the prosecution case
appellants that Form 29 which is a CFSL Form was not filled
up at the spot containing the details of recovery which thus
renders ... planted recovery in as much as Form 29 which is CFSL
Form was not filled up at the spot by the investigating
agency. In support
next submitted by the Counsel for the appellant, that
no CFSL Form, was prepared, at the spot, but, was fabricated, later on,
as a result ... appear to be correct. There is no provision of law, that CFSL Form,
should be prepared, at the spot. The CFSL Form, is prepared, while
