11
to recovery of other articles. However, in Rahul’s case, there was no disclosure
statement. Neither of the seizure memos mentioned from where in the premises,
these articles were found. Further, the recoveries were not spoken about in the
depositions of the recovery witnesses.
22.
It was next argued that neither PW-3 nor PW-6 said anything regarding
the sealing of the seized items Ex. P11, P14 and P17) in their presence on
22.06.2011 and 23.06.2011. Similarly, the witness (for recoveries made on
23.06.2011) PW-7, did not mention who placed seals on the items Ex. P29, P30,
P32, P33 and P35. PW-6 could not recollect the sealing of the articles on
22.06.2011. Likewise in Ex. P35 disclosure by Neha and recovery of items on
23.06.2011 do not mention the sealing of the items. Counsel also compared the
depositions of the panch witnesses with the evidence of PW-12 Tehsildar and
PW-36 Mulayam Singh Yadav (head constable, MIG). It was submitted that
these witnesses nowhere mentioned the particulars of sealing, what kind of seals
were placed or the signatures of persons, who had witnessed the recovery and
sealing of the articles. It is therefore argued that the recoveries on 22.06.2011
are unreliable. Learned counsel submitted that in all likelihood, the accused
were in police custody for a longer period than what was projected, which raises
doubts over the veracity and voluntariness of the disclosure statements by them.
She also submitted that recoveries of next day i.e., 23.06.2011 are similarly
unreliable as they were not recorded in the presence of witnesses PW-7 and
Prakash Ichke. PW-7 arrived at the police station that day at 8:45 AM, the
disclosure statements however were recorded earlier between 7:50 and 8:15 AM
– evidenced by Ex. P28, P31 and P34. Signatures of the witnesses were taken
on those documents. It was submitted that the oral evidence completely
undermines and falsifies preparation of documents at the date and time
mentioned. Therefore, recoveries are dubious inasmuch as they purport to have
been made pursuant to disclosure statements on the same day, which were
recorded before the witnesses even reached the police station. Another
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