Gurdeep and Jagdeo for
comparison with the voices appearing in the intercepted mobile
conversations but the said accused persons refused to give their voice
samples ... deposed about the handing over of a pen drive containing the
intercepted mobile conversations between accused Sukhwinder and
Jagdeo and Gurdeep, to IO SI Upendra
made as to what
extent reliance can be placed upon the intercepted conversation
between the parties whose litigation was being tried by the Court ... ascertain the
truthfulness or otherwise or the reliability of the intercepted
conversation has only been forwarded to the forensic laboratory and the
report is awaited
Appellant spoke to one Sajjad Sheikh which conversations
were intercepted. Since the intercepted conversations were partly in Hindi
and partly in Kashmiri language, the same ... recording of the
telephone conversation or the sealing of the intercepted conversation
thereafter. The only issue in view of the fact that PW6 Sheikh Rashid
stated that he does not remember whether he
had heard the intercepted conversation, conversation
mentioned at portion A to A1 at page ... notes due to lapse of time. Thereafter, the cassette
recording the intercepted conversation was produced by CBI
from there Malkhana in the sealed parcel which
Manmeet Pokhriyal Page No. 2 of 82
intercepted conversations revealed demand and acceptance
of bribe amount of Rs.1,00,000/ by accused Manmeet
Pokhriyal ... Deepak Kumar Tanwar has proved the
CFSL Report regarding the intercepted conversation and
stated that after examining
contended that the entire prosecution case is based on the alleged
intercepted conversation that had taken place between accused Sajjad
Hussain Sheikh and Mohd. Amin ... interception.
SC No. 09/11 Page no. 21 of 30
State Vs. Sajjad Hussain Sheikh
Contentions relating to the translation of the alleged intercepted
conversation
failed to colllect any
evidence against the accused persons except the intercepted
conversations, transcriptions of which are exhibited ... Additional Public Prosecutor refuted
the said contentions by arguing that the intercepted conversations prove
that accused persons belonged to a banned terrorist organisation and they
prepared in his presence and
after hearing the intercepted conversation played before him. He
identified his signatures on the bottles containing handwash. He admitted
that
considering the
question of admissibility of copies of transcripts of intercepted conversations
in a case arising under the provisions of Prevention of Terrorism
January, 2012 and it was not
aware of the intercepted conversations till 6th January, 2012, however the
same is belied by its own documents which