TMI Blog2013 (8) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 herein) is involved in the printing of fake Indian currency notes (FICN in short) in the denominations of ` 100/- and ` 50/- from his house. SI Satish Rana further learnt that Om Prakash used to supply the said FICN to meet his daily expenses. As per the information of SI Satish Rana, Om Prakash was to come near a Power House before Khajuri Red light at Pushta Road, Delhi, between 4.00 p.m. and 4.30 p.m. to supply FICN to two persons, namely, Sanni (respondent no. 2) and Rohit (respondent no. 3). SI Satish Rana produced the secret informer before Inspr. Subhash Vats, who, upon satisfying himself, conveyed the secret information by phone to his senior officer, who directed him to conduct the raid immediately. As directed by Inspr. Subhash Vats, SI Satish Rana constituted a raiding party comprising of ten police officials under the supervision of Inspr. Subhash Vats, he briefed the secret information to the members of the raiding party. The raiding party left the office of the Special Cell at about 2.40 p.m. in private cars. On the way efforts were also made to persuade public persons to join the raiding party but none agreed. 5. At about 4.05 p.m. two persons came from K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 and 54 FICN of ` 50/-, each, having serial No. OND 177233. All the recovered currency notes were kept in the same envelope and sealed in a cloth parcel with the seal of SR after taking it from HC Ram Gopal the parcel was given serial No. O. Form FSL was also filled and thereafter the seal was handed over to HC Ram Gopal. All the recovered currency notes were fake and counterfeit as the security thread was quite dull. Thereafter SI Satish Rana prepared a rukka and sent HC Ram Gopal to the Police Station of Special Cell to lodge an FIR for the offence punishable under Sections 489A/489C/34 IPC. After the investigation was complete challan was filed. Charge was framed vide order dated 24.5.2011. 6. The prosecution examined eight witnesses. The respondents were also examined under Section 313 of the Code of Criminal Procedure. No evidence was led by the defence. As per the respondents, the appellant had picked them up from their respective houses and falsely implicated them in this case. 7. Learned counsel for the State submits that the learned trial court has erred in not noticing that it is a settled law that independent witnesses are not required to be associated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion case, the rukka was prepared and sent to the police station at about 8:15 pm and FIR was registered at 9:00 pm. There are material contradictions in the testimonies of police officials on this aspect. According to PW-5 SI Satish Rana he had sent the rukka to police station at 8:15 pm through PW-4 HC Ram Gopal. But PW-4 deposed that he left from the spot to lodge the FIR at about 7:45 pm. As per the prosecution, PW-4 stayed at the police station after lodging the FIR whereas as per PW-6 HC Ashok Kumar, PW-4 had returned to the spot along with the FIR. PW-3 ASI Ramesh Chand has given a totally different version. He deposed that he had received the rukka from PW-4 at about 4:15 pm and thereafter he had registered the FIR. PW-3 further admitted in his cross-examination that there is overwriting in the FIR at daily diary number. After considering this issue, we are of the view that the above mentioned discrepancies are inconsistent to the case of prosecution and, therefore, cannot be relied upon. 12. The next circumstance which is to be considered is the use of private vehicles in conducting the raid. PW-5 SI Satish Rana deposed that he had used two private cars a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the said yellow coloured envelopes were found missing. PW-8 Vijender Singh, Senior Scientific Officer has nowhere deposed that when the sealed parcels reached FSL, they were in the sealed yellow coloured envelopes. In light of these facts, we are of the view that the trial court has rightly held that there is a possibility of tampering with the case property in the instant case. 15. It is also the case of the prosecution that the writing work was done either below the light of an electricity pole or after sitting in the car. PW-5 SI Satish Rana, who prepared the site plan Ex. PW5/C, did not denote the point where the said electricity pole was located. This fact creates another suspicion in the prosecution case. Further as per the prosecution case raiding party was constituted by PW-5 SI Satish Rana under the supervision of Inspector Subhash Vats and the raid was conducted by PW-5. However, PW-6 deposed that Inspector Subhash Vats was the leader of raiding party. According to PW-6, raid was conducted by Inspector Subhash Vats and not by PW-5. The prosecution has failed to explain the reason for not citing Inspector Subhash Vats as a witness. In our view, this is a materia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een joining the raids earlier also and PW 5 was a close associate of PW 2, their friendship having developed during the days of gambling when admittedly the police never conducted any raid at their gambling den. 12. The very fact that the police officers joined PW 2 and PW 5 in the raid creates a doubt about the fairness of the investigation. Coupled with this is the manner in which the confessional statement of A-1 and A-2 was recorded by Hemant Karkare PW 3, which has been rightly discarded by the Designated Court itself. Even if we were to ignore the tell-tale discrepancy in the number of the room i.e. 3323 or 3334, from where the appellants were arrested, accepting the explanation of the prosecution that it was as a result of typographical error, it looks to us rather strange that the discrepancy should have come to the notice of the investigating officer only when he filed his affidavit in the Supreme Court in the special leave petition filed by the absconding accused, yet in the totality of the circumstances of the case and after a careful analysis of the evidence on the record we find it rather unsafe to rely upon PW 1, PW 4 and PW 6 only without there being any ind ..... X X X X Extracts X X X X X X X X Extracts X X X X
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