Curious case of ‘mismatching’ evidence bags: Delhi court orders ACP-level inquiry

Eight radical were arrested successful the case. As portion of the lawsuit proceedings, 3 integrative bags containing arsenic galore types of integrative granules were retained from the stolen items for recognition by the prosecution witnesses.

However, during a proceeding connected August 5 earlier Additional Sess-ions Judge Saumya Chauhan, the counsel of 1 of the accused disputed that 2 of the 3 samples retained were “not matching the statement of lawsuit spot — the integrative dana (granules) successful 3 bags — arsenic mentioned by 1 of the nationalist witnesses”.

Two of the 3 bags had achromatic granules of PMMA marque plastic, portion 1 was brown-coloured ABS Resin IP Black brand. The counsel of accused Satyapal Kamboj, from whose godown the 2 trucks with packets of integrative granules were stolen, told the tribunal that the PMMA marque is imported from South Korea.

The bags submitted successful tribunal were stated “to beryllium from Sahibabad”. Following this, the tribunal sought an mentation from the SHO of the constabulary presumption concerned.

In effect to the August 5 hearing, the SHO of Mundka constabulary presumption stated it was an “inadvertent” mistake. “… traced the close 1 present and (it) volition beryllium produced successful tribunal connected the adjacent day of hearing,” the SHO’s reply had said.

Investigating serviceman (IO), caput constable Deepak Arya, too, filed a effect stating helium produced the integrative bags preserved successful the lawsuit earlier the tribunal of which 1 was brownish successful colour and 2 were white. “The tribunal noticed 2 bags are of antithetic description… aft that, I checked the statement of bags successful registry no. 19, and took retired the full storeroom material/ lawsuit properties. Then, 2 much integrative bags of the lawsuit were recovered buried… successful the store room, which volition present beryllium produced earlier the court…,” helium stated.

On the adjacent day of proceeding connected August 18, the IO produced 2 much integrative bags recovered from the malkhana (room wherever seized properties are stored successful the constabulary station). However, Kamboj’s counsel advocator Rakesh Malhotra said lawsuit properties produced connected August 5 and 18 were different. He argued that alternatively of the 3 retained samples, determination were present 5 samples, 2 of which had “discrepancies successful their make”.

On September 9, noting the effect of the SHO and the IO, the tribunal summoned the SHO to explicate the accumulation of the incorrect lawsuit spot and discrepancies successful fig of retained integrative bags. On September 25, the counsel for Kamboj argued the lawsuit spot had been tampered with, questioning however 2 much integrative bags were recovered by malkhana-in-charge successful spot of three.

Subsequently, the tribunal ordered the full lawsuit spot beryllium produced again done the malkhana-in-charge connected the adjacent day of hearing. ASJ Chauhan said: “Since lawsuit spot produced earlier this tribunal connected August 18 had antithetic descriptions than lawsuit spot produced connected August 5, fto a missive beryllium sent to the ACP acrophobic to enquire into the matter”.

It has been listed for October 26.