5. The prosecution in all examined eight witnesses. PW-1 Sh.
Dharam Pal is the complainant whose articles were stolen and on
whose complaint Ex.PW1/A, the case was registered. PW-2
Constable Dinesh and PW-3 Constable Ravinder Kumar had joined
investigation with the investigating officer at the time of the alleged
recovery of the gas cylinder in question at the instance of the accused
State v. Dilshad @ Monu
FIR No. 430/2013 PS : Chhawla Page 3 of 15
Dilshad @ Monu. PW-4 Sub Inspector Kaptan Singh is the
investigating officer in the present case. PW-5 Woman Head
Constable Saroj is the duty officer who had recorded the DD no. 17A
dated 05.12.2013 Ex.PW4/A and the FIR No. 430/13 Ex.PW5/A in the
present case and made her endorsement Ex.PW5/B on the rukka.
She had also issued the requisite certificate under Section 65 B of the
Indian Evidence Act. PW-6 Constable Shantanu had joined
investigation with the investigating officer on 05.12.2013. PW-7 Sub
Inspector Ashok Kumar is the investigating officer of the case FIR no.
446/13, U/s 380/411 IPC, PS Chhawla. PW-8 Head Constable Jagdish
is the malkhana moharrir with whom the case property was deposited
in the present case vide entry at Srl. no. 1142 in register No.19,
extracts of which are Ex. PW8/A.
STATEMENT / DEFENCE OF THE ACCUSED
State vs. Dilshad
Being guided by above said case law, it can be said that search of the
accused by above said police officials was in complete violation of the above
said case law and the same can be said to be illegal.
-:4:- State Vs. Dilshad
sample. Sample of the recovered smack and the remaining smack
was affixed with the seal of PY. The same was further affixed with
the seal of VKD. FSL form was filled up on the spot and the case
property was seized by the IO. He further deposed that he took the
case property and form FSL alongwith seizure memo and
deposited the case property in Malkhana on return to Police
Station. The smack was identified as EX.P-1 and remaining smack
as EX.P-2. During the cross examination , he deposed that 3/4
persons were asked to join the raiding party. Suggestions
regarding non recovery of smack and plantation were denied.
Announced in Open Court (PRITAM SINGH )
Dated: 26.07.2014 Additional Chief Metropolitan Magistrate
South East District/Saket Court Complex,
New Delhi/26.07.2014
FIR No. 238/10 State Vs Dilshad 5 of 5
5. The PW2 SI Balbir Singh has deposed that on 27.08.2005 he was
alongwith Ct. Saleem were on patrolling duty. At about 10.15 pm
when they reached near liquor vend Sant Nagar Burari Road, one
secret information met them and told him that the person who was
coming from the nala side having a stolen scooter. Accordingly, at the
pointing out at the secret informer, he alongwith Ct. Saleem stopped
the aforesaid scooterist and asked for his papers but the scooterist
could not produce any valid documents or give any satisfactory
answer. The scooter was having registration number RJ07M5841.
The aforesaid scooter was taken into police possession and seized
vide seizure memo Ex. PW2/A. He prepared the Kallandra u/s 103 of
DP Act which is Ex. PW2/B. The accused was arrested vide arrest
memo Ex. PW2/C. The personal search of accused was got conducted
FIR No. 432/05 3/6STATE VS. DILSHAD ALI
vide memo Ex. PW2/D. The aforesaid scooter was taken to the Police
Station Timar Pur and deposited at the Malkhana and accused was
produced before the court. On inquiry the ownership of the scooter
was found in the name of Anand Kumar Wadhwa. Anand Kumar
Wadhwa was served with notice. Accordingly, he came to Police Post
Burari. He recorded his statement and prepared the rukka on the
basis of it which is Ex. PW2/E and same was handed over to Ct. Yash
Kumar. He got the case registered. Thereafter he prepared the site
plan which is Ex. PW2/F. He recorded the statements of other
witnesses. The DD No. 33 is mark 2A. The copy of the complaint given
by Anand Kumar Wadhwa to Police Station Indirapura Ghaziabad is
mark 2B. The aforesaid scooter was released on superdari, the copy of
the same is mark 2C. Thereafter he got transferred and he handed
over the case file to the MHC(R).