The State vs . Deep Chand on 13 May, 2009
12. Admittedly, it is not a case of chance recovery. The police
officials in question were on vehicle checking duty and were checking
twowheeler scooters. When accused was signaled to stop, he tried to
run away and was overpowered on the basis of suspicion. However, I
also simultaneously, cannot be oblivious of the fact that the picket was
situated at a very busy and congested area of Delhi i.e. Vishram
Chowk, Rohini. It has also come on record that immediately after the
accused was overpowered, Ct. Devraj had gone to nearby PCO in order
to intimate the higher police officials and despite that no necessity was
felt to associate such PCO owner as witness. I have seen the testimony
of PW1 Ct. Ashok Kumar and he has admitted in his crossexamination
that PCO owner was not made a witness of recovery. PW1 Ct. Ashok
Kumar had left the spot with rukka and pullandas in a rickshaw and
State Vs. Deep Chand :5:
even rickshaw puller was not asked to become a witness to recovery.
There is a police picket at the spot and the writing work was done
outside the picket. As already noticed above, the area in question is a
very busy area and the persons from public were, naturally, available at
that regular busy hour of the morning. Accused was allegedly
apprehended right at Rithala bus stop and it was very easy for the
police to have associated persons from public. However, no concrete
effort in that direction had been made at all.