appellant-convict Nikhil Saxena had filed a complaint regarding some lost
documents pertaining to the motorcycle bearing registration No. DL3S ... report.
The report to the police with respect to article/document lost in
Delhi is Ex.PW11/P-13 bearing my signature at point
time certain additional documents. It
was claimed that the Defendant had lost crucial documents in 1998 as one of
the partners who was carrying them ... event the police
complaint would only show that certain documents were lost in 1998. There
was no explanation why documents pertaining to sales
word "lost" in Section 65 as "irretrievably lost"; thus
the plea of the petitioner of the document being "untraceable ... meaning of lost in the Black's Law Dictionary 6th Edition is "An article is
lost when the owner has lost the possession
time certain additional documents. It was claimed that the
Defendant had lost crucial documents in 1998 as one of the
partners who was carrying them ... event the police
complaint would only show that certain documents were lost
in 1998. There was no explanation why documents
pertaining to sales
which allow a document to be
admitted in evidence on payment of
penalty, have no application when the
original document, which was unstamped ... does not provide for the
levy of any penalty on lost documents. ‖
(emphasis supplied)
16. The Supreme Court in the aforementioned case held that
said documents,
petitioner thereafter filed an application under Section 65 IE
Act on the ground that the said documents had been lost or
cannot ... original documents. It is well
settled that where explanation for non-
production of document is that it has been
lost, before tendering evidence loss
which allow a document
to be admitted in evidence on payment of penalty, have no application
when the original document, which was unstamped ... does not provide for the levy of any penalty on lost
documents."(emphasis supplied)
24. The ratio of this decision was followed by this
officer
or authority superior to the unit Commandant having the lost document or
material on its charge.
(e) All damage to private persons or property ... around as they told me."
PW-12 an ASI/Clerk, produced documents, including 8 statements of
witnesses who had deposed; they were villagers. The recording
that the documents were signed in one go.
These documents had initially been signed by Sh. Rajnish Goenka,
meaning thereby that these documents had originated ... petitioner, Sh. Rajnish Goenka informed the court that the original
documents had been lost and that they are not in a position to produce
that, accordingly, necessary documents were executed by
the defendants on that very date i.e. 22.01.2008. These documents were,
however, lost ... fresh set of documents on 01.04.2008, when the earlier set documents were
purportedly lost.
6.4. The plaintiff stressed the fact that the ATS was executed
