4th ALL INDIA GURCHARAN SINGH TULSI CRIMINAL LAW …under sections 302, 120 B, of the IPC, charges...

4th ARGUENDO, LAW FEST 4th ALL INDIA GURCHARAN SINGH TULSI CRIMINAL LAW ANNUAL MOOT COURT

COMPETITION, 2018 PROPOSITION

Contents

Annexure 1: Order of High Court .............................................................................................. 2

Annexure 2: FIR ........................................................................................................................ 5

Annexure 3: Order Sheet of Trial Court .................................................................................. 11

Annexure 4: Statements under section 161 Cr.P.C. ................................................................. 14

Statement of Father of the Deceased PW-1 (Mr Jasper Chaudhry r/o #ABC, Sector 28, Chandigarh).......................................................................................................................... 14

Statement of Priyanka Singh (NCB Official) PW 2 ............................................................ 15

Statement of Chand Singh (IO) PW3 ................................................................................... 16

Statement of Dr Sardul Mehtani (Medical Officer, PGI) PW-4 .......................................... 19

Statement of Dr Harsh Ahuja (Forensic Expert) PW-5 ....................................................... 19

Annexure 5: Medico Legal Report .......................................................................................... 20

Annexure 6: Post Mortem Report ............................................................................................ 22

Annexure 7: Panchnama .......................................................................................................... 26

Annexure 8: WhatsApp Conversation between Amanjot and “Jaani” .................................... 27

On 15/08/2017 ..................................................................................................................... 27

On 31/08/2017 ..................................................................................................................... 28

Annexure 9: Instagram Post ..................................................................................................... 29

Annexure 10: Photos ................................................................................................................ 30

Annexure 11: Telephonic Conversation .................................................................................. 32

Annexure 12: Blood Matching Report ..................................................................................... 33

Annexure 13: Confession of Gaurav Chauhan to NCB ........................................................... 36

Annexure 14: Statement of Defence Witnesses ....................................................................... 37

Gabbar Nanda (DW-1) (Owner Chita Ghoda Chandigarh) ................................................. 37

Karan Khan (DW-2) ............................................................................................................ 37

Meher Kapoor (DW-3) ........................................................................................................ 38

Arpit Sangwan (DW-4) (Manager, Drinks and Dine Bar) ................................................... 39

Statement of Gaurav Chauhan (DW-5) ................................................................................ 39



Disclaimer

All characters in the above problem are fictional. Any resemblance to a person living or dead

is purely coincidental, unintentional and not intended to hurt anybody’s sentiments.

• All documents not provided but necessary for trial are deemed to be on record.

• The actual addresses provided in the proposition are fictional however the areas are

real.

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CENTRAL BUREAU OF INVESTIGATION (C.B.I)

V.

1. SHRI GABBAR NANDA S/O KUNAL NANDA

2. SHRI KARAN KHAN, S/O SAKSHI BEDI,

3. SHRI GAURAV CHAUHAN S/O ANIRUDDH CHAUHAN

On the basis of the evidence on record, there is sufficient material to make out the offences

against Accused No.1 and is hereby charged with commission of offences punishable under

S302, 120B of the Indian Penal Code, 1860 and Section 21 of the NDPS as well as S18(1) of

the Transplant of Human Organs Act (THOA). Further, as per the facts presented and the

material on record, offences made out against Accused No. 2 punishable u/s 302, 120 B of the

Indian Penal Code, 1860 and Sections 25,28,29 of the NDPS and 18(1) of the THOA. Offences

made out against Accused Number 3 punishable with Section 21 NDPS.

List of Annexure and Exhibits:

1. High Court Order.

2. First Information Report

3. Trial Court Order.

4. Statements under Section161 Cr.P.C.

5. Medico Legal Report

6. Post Mortem Report

7. Panchnama

8. WhatsApp Chats between Deceased and Mr. Nanda

9. Instagram Screenshot

10. Photo of Cocaine and Ring

11. Telephonic Conversation Between IO (CBI) and IO (Haryana Police)

12. Blood Matching and Fingerprint Report



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Annexure 1: Order of High Court

In the High Court of Punjab & Haryana

PIL: 89/2017

X v. Administration of Chandigarh

1. The High Court has under its epistolary jurisdiction, treated the letter

dated 1/10/17 of the complainant as a public interest litigation.

2. It is observed that the issue of drugs these days has increased so much

and often goes unnoticed or culprits go scot free due to the shelter of

many influential politicians who have been raised to that Stature by the

Drug Lords themselves. Thus, in order to check the targeted investigation

time and again against the petitioners and also the rapid spread and

growth of criminal gangs, drug mafias, smuggling gangs, drug peddlers

and economic lobbies in the country which have, over the years,

developed an extensive network of contacts with the

bureaucrats/government functionaries at the local levels, politicians,

media persons and strategically located individuals in the non-state

sector, disallowing the petition this Court directs the investigation to be

continued by the CBI into the circumstances.



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3. We have perused the contents of the letter which levels serious

allegations on a highly influential member of society. It further refers to

drug and organ racketeering alongside murder. The crimes relating to

illegal human organ transplant have multiplied in the past 5 years. It

would not be possible to do so without some sort of political-criminal

nexus. Since the incidents but we are refraining from entering upon the

details thereof lest it may prejudice any party but we think that since the

accusations in the complaint on the basis of which the investigation

initiated, are directed against the local police personnel it would be

desirable to entrust the investigation to an independent agency like the

Central Bureau of Investigation so that all concerned may feel assured

that an independent agency is looking into the matter and that would

lend the final outcome of the investigation credibility. However faithfully

the local police may carry out the investigation, the same will lack

credibility since the allegations are against them.

4. It is only with that in mind that we having thought it both advisable and

desirable as well as in the interest of justice to entrust the investigation

to the Central Bureau of Investigation. In so ordering we mean no

reflection on the credibility of either the local police or the State

Government but we have been guided by the larger requirements of

justice. Thus, we direct the CBI to investigate and register a RC if so

required. The original letter to be treated as the complaint.



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5. As the letter specifies an urgent need, if a RC is registered, it would be a

waste for different trials to be conducted into offences linked with each

other which may also form part of the same transaction. As it is there is

a large pendency of trials in this regard, the CBI special court, Chandigarh

is to assume jurisdiction over all NDPS and THOA related offences in

addition to those of IPC. All other agencies are directed to assist the CBI.

6. Thereby, the petition stands decided.

Justice ABC

10.08.2017



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Annexure 2: FIR



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Annexure 3: Order Sheet of Trial Court

C.B.I VS GABBAR AND OTHERS

Present: Special Prosecutor for the C.B.I

Accused in custody Present with Defence Counsel.

The learned defence counsel moved an application for grant of regular bail

(Accused 2&3). As the investigation is complete and challan has been

presented, it will not serve any purpose to keep the accused behind the bars.

The Ld. Special Prosecutor has argued on behalf of the State that if the

accused are released on bail there is reasonable apprehension of witnesses

being coerced and the political stature of the accused can subvert to the

possibility of a biased trial. The arguments advanced on the behalf of the

accused are accepted as the State has been unable to bring on record any

document to support their arguments. Therefore, the accused are ordered to

be released on regular bail on the presentation of the bail bond of Rupees

100,000/- each with one surety each of like amount. The matter to come up

on next date i.e. on 26.12.2017 for the consideration of charges.

(Baburao Gupta)

C.B.I. SPECIAL COURT JUDGE, Chandigarh

12.12.2017.



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C.B.I VS GABBAR AND OTHERS

Present: Special Prosecutor for the C.B.I

Accused on bail Present with Defence Counsel.

Arguments addressed by the prosecution regarding consideration of charges

under sections 302, 120 B, of the IPC, charges under sections 21,25,28,29 of

the NDPS along with Section 18(1) of the THOA. It is pleaded by the

prosecution that all the charges against the accused are prima facie

according to the investigation report. Further one of the accused had

confessed

In reply, defence stated that no case of any kind is made against the accused

persons. The charges made under these sections are false and denied.

Accused are upstanding members of society. The accused who made the

confession denied it explicitly and said it was completely coerced. So, prayer

is made for dismissal of the case.

Heard and considered. In view of the contents of the report under section

173 Cr.P.C. and the allegations made, there are sufficient grounds that the

charges that are made out do exist against the accused persons.

Further the charges are framed against the accused in the presence of

accused and complainant and read over to accused and they pleaded not

guilty.



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Now to come up with the prosecution evidence on next date i.e. 02.02.2018

(Baburao Gupta)

C.B.I. SPECIAL COURT JUDGE, Chandigarh

26.12.2017.



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Annexure 4: Statements under section 161 Cr.P.C.

Statement of Father of the Deceased PW-1 (Mr Jasper Chaudhry r/o #ABC, Sector 28,

Chandigarh)

Statement of Jasper Chaudhry r/o #ABC Sector 28, Chandigarh.

It is stated that I am a resident of above given address and the father of the deceased. I own a

Chemist shop. Amanjot was 22 years of age and was pursuing BBA from Chandigarh. My son

was a big fan of Western TV shows. He idealised Pablo Escobar and Rick Ross. It was partially

due to these that he began the path to drugs. He often used to vanish for days on end but always

returned when he ran out of money. Often during his drug induced states he had suicidal

tendencies and was fascinated by blades. In fact, his mother and I had to stop his suicide

attempts twice. We took him to Ayurvedic healing centre for a week in January 2017 and he

seemed to get better. However, he still had erratic behaviour due to withdrawal and nothing to

focus on. An empty mind is a devil’s workshop, so we suggested that he should get an

internship in June 2017 so he took an internship with ‘Chita Ghoda’, a local business known

more for its owner than for its business.

He initially worked with a manager in marketing but due to his sharp input he was transferred

to mortuary and introduced to Mr. Gabbar Nanda. Gabbar said he will mentor him. As a result,

he accompanied Gabbar to parties under the pretext of working. His mother and I discovered

this through various photos on Facebook. Amanjot and I had quarrels over this but it always

subsided. I was worried. Alcohol and Clubs are stepping stones to drugs. In the beginning of

August 2017, Amanjot started exhibiting signs of his previous behaviour i.e. erratic mood

swings and bouts of aggression. However, it was strange the way he described Nanda, he

almost revered the man and considered him more than just a mentor. When he spoke of him,

it was a state of trance and a tone of love.

Growing increasingly fearful, another fight transpired between us on 15th August and I gave

Aman an ultimatum: that he lives on my terms and conditions, which meant sobriety, honesty

and decent timings or he leave. Aman left the house. He still kept calling his mother every 2-3

days to ask how we were. However, we never heard from him after the 30th of August. I was

informed by you on 4th September, of his death. As you have mentioned he was involved in a



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drug racquet and suffered the consequence. This is all due to that trickster Gabbar Nanda and

he deserves to meet the same fate. He took the life of our young child.

Statement of Priyanka Singh (NCB Official) PW 2

I am the NCB official who has been investigating Mr. Nanda for a while. We believe that he

has nefarious dealings across Punjab and Haryana. We suspect that Mr. Nanda transports and

sells drugs but cannot figure out his mode of operation. However, we felt it may be transported

under the guise of medical supplies as he owns a stake of Bedi Hospital. The owner Mr Khan

is a close confidante of Mr Nanda and the two often spend an extraordinary amount of time

with each other.

The CBI informed us that they also suspect a drug racket and have decided to investigate. I

provided all intelligence to the IO of CBI. On 3rd September, we received tip that a deal was

going to happen and the buyer would be present at Matka Chowk. I, along with the CBI team,

followed the suspect to the #XYZ, MDC Panchkula. It was I who apprehended Mr. Chauhan

and searched him as per section 50 of the NDPS Act. He confessed to me that he had come to

buy cocaine from Mr. Gabbar Nanda. His written statement has been provided. Based on what

I saw at the scene, it occurs to me that Mr Nanda and Mr Khan may jointly have been using

the mortuary and cadavers to transport the drugs across the state.



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Statement of Chand Singh (IO) PW3

I am the primary Investigating officer of the case and the entire case was first and foremost

investigated by me and under my supervision. All the accused were arrested by me on gathering

various evidences. I was appointed the IO of the instant case on the date 10th August 2017 on

the receipt of a letter alleging a drug and organ racket. On preliminary investigation, it was

found that following to be involved:

1) Shri Gabbar Nanda, Owner of Chita Ghoda Enterprises Pvt Ltd, a prominent transporter and

political leader of the region.

2) Shri Amanjot Chaudhry s/o Jasper Chaudhry, R/o #ABC Sector 28, Chandigarh. A 22-year-

old student who was in the employment of Chita Ghoda Enterprises Pvt Limited and is deemed

to be his close confident.

3) Karan Khan, s/o Sakshi Bedi, R/o #CBD Sector 8, Chandigarh. The owner of Bedi Hospital

and Drug Rehabilitation Clinic.

Being a matter related to narcotics, on receipt of the complaint we contacted the NCB,

Chandigarh. They informed us that they too had reliable information that Mr Nanda was selling

and transporting large quantities of Methamphetamines, Opiates and Cocaine. Further they

had received information an alleged sale on the 3rd of September although they did not yet

have the details. As this information correspondent that given by the complainant, an F.I.R was

registered.

Through investigation of various sources, we discovered that Amanjot was heavily involved

with drug usage and after 20th August had become extremely crucial to the operation. Amanjot

had moved out of his parents’ house and was now staying in the Chita Ghoda Enterprises office

in Sector 26, Chandigarh. We started following all the 3 accused. We noticed that Mr Khan

also owned a mortuary in MDC, Panchkula out of which various bodies were prepared for

scientific research whilst others were prepared for transportation. However, on checking the

details of the property, we were made aware of the fact that the building where the mortuary

was situated was owned by Mr Nanda and merely rented by the Mr Khan. Mr Nanda also owns

a 25% Stake in Bedi Hospital while Mr Khan owns 70%. Bedi hospital is famous for drug



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rehabilitation as well as kidney replacement surgery. On 2nd September, we lost track of

Amanjot and could not find him

The following is a timeline of the events transpired:

3rd September

• At 7:30 p.m. The NCB further informed us that the buyer would be arriving at Matka

Chowk wearing a blue shirt on a Royal Enfield Motorcycle with licence plates HR 03 X

*****. We followed the motorcycle all the way to Mohali and then to Panchkula.

• While following the said person, we arrived at #XYZ, MDC Panchkula at 11:00 p.m. The

buyer (now identified as a Mr Gaurav Chauhan) entered the building carrying a briefcase.

• Mr Chauhan, then emerged within 5 minutes, carrying an identical briefcase. He was taken

into custody by NCB officials while we searched the mortuary. The NCB officials

conducted a search and found the briefcase containing 2 kg. of Cocaine (exhibit 1). Mr

Chauhan also confessed the same to the NCB officials and disclosed the seller to be Mr

Nanda.

• The mortuary was deserted, however an identical briefcase containing 2 lakh rupees which

after forensic reports, bears Mr Chauhan’s fingerprints. Further packets of cocaine were

recovered (exhibit 2), as well as a blood covered knife (exhibit 3) and many empty,

unmarked cadavers.

• At 11:30 p.m. we were informed that a boy matching Amanjot’s description had been

admitted to Bedi Hospital and Drug Rehabilitation Clinic. On arrival at the hospital, we

found that The MLR stated that he had been recovered from a mortuary and brought to the

hospital by a man name Shyam who could not be traced. There was no address of the

mortuary provided. He had extensive injuries and had a stab wound in his stomach. He

was in a coma due to extensive head injury. His phone was recovered and WhatsApp chats

to a number also registered to Amanjot were seen.

• At 1:00 a.m. Amanjot passed away due to cardio pulmonary failure.



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4th September

• Although Bedi hospital protested, the post-mortem conducted by PGI revealed that

Amanjot had no kidneys and a packet of 1g of cocaine (exhibit 4) which contained a silver

ring with dried blood stain. (exhibit 5)

• The Forensic reports further revealed that the knife (exhibit 3) contained fingerprints of

Mr Nanda and the blood of the deceased.

• On the basis of the above, we arrested Mr Nanda on the charges of Section 302 I.P.C,

120B, 326 as well as Section 21 NDPS and Section 18(1) THOA.

• We arrested Mr Khan from his residence on the charges of 120B of the I.P.C as well as

Section 28, 29 of NDPS and 18(1) of THOA.

• Mr Chauhan, already in custody, is charged with Section 28 of the N.D.P.S.

• On arrest, we took the blood samples of all the accused.

The Forensic reports further revealed that the knife (exhibit 3) contained fingerprints of M.

Nanda and the blood of the deceased. It is to be further noted that Mr Nanda had a tan line

around his middle finger which indicates he is habitual of wearing a ring.



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Statement of Dr Sardul Mehtani (Medical Officer, PGI) PW-4

The patient was brought to the hospital 10 a.m. He was already dead and had been merely

brought for a post mortem. He appeared to have been in a scuffle and his right eye was bruised

in what is colloquially referred to as a black eye. During the post mortem, I found that inside a

stomach there was a small zip lock bag of drugs with a ring in it. It also appeared that a kidney

had been removed. Although I cannot be fairly certain, it is quite likely that the deceased died

due to removal of the kidney in the condition that he was in.

Statement of Dr Harsh Ahuja (Forensic Expert) PW-5

I am a forensic expert. My expertise is in the field of fingerprinting however I also have a

degree in Haematology. I was given multiple objects to examine out of which the most

prominent were a briefcase and a knife. The briefcase (containing cocaine) consisted of prints

matching that of G-1 and while it was harder to determine, there were three sets of fingerprints

on the briefcase. One was that of G-2 while the other was of G-3. There were also two sets of

fingerprints on the knife, again one of G-2 and one of G-3. It is interesting to note that the prints

of G-3 were on the hilt of the knife.



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Annexure 5: Medico Legal Report

Serial. No…………………. Medico Legal Report (Form-II)

MEDICO LEGAL REPORT NUMBER 28/2017 DATED 3/09/2017 Consent for medico-legal examination (in case of accused, consent is not required u/s 53 Cr.P.C.)

I, Dr. Q. Bhatia_____________ Designation Medical Officer__________

PHC/CHC/Hospital/Deptt Bedi Hospital______________________________________

examined Sh/ Smt/Miss (First name) Aman_________ (Last Name) Chaudhry_______

s/o, d/o, w/o Jasper Chaudhry____ Age 22______ Sex M_______ Occupation NA_____

Address #ABC, Sector 28____ Distt Chandigarh ________________________________

as per particulars given below: -

(A)Date & Time of arrival: 9:30 p.m._________________________________________

(B)Date & Time of examination: 9:40 p.m._____________________________________

(C) Place of examination: Casualty/Ward/OPD/Dept: ___________________________

(D)Police request Number & Date (if brought by police): _________________________

Police informed (if coming direct) vide No: ___ Date____________ Time____________

(E)Brought by Police official______________________________ No_______________

P.S_________________________________ Distt_________________________________

(F)Accompanied by: Name Shyam R___________________ Relation______________

Address___________________ PS____________________ District_________________

(G)Name and Address of the Female Attendant (in case of Female Patient) __________

(H)Identification marks of the patient (1)

(2)

(I) Material collected, preserved & handed over to police for chemical analysis etc.

(write complete detail):

The clothes of the accused and accessories i.e. jeans red t-shirt, mobile phone, wallet,

hand sanitizer and chewing gum.

I. Gist of Incident as stated by the injured/accompanying person: Shyam says he found

the body of Amanjot lying by the road on Dolphin Chowk, with the card of Bedi



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Hospital in his hand.

II. General condition of the person, clothing etc.

III. Particulars of Injuries viz, type, dimension, shape, location, nature, duration etc.

and kind of weapon used: A surgically created sutured midline incision measuring 15

cm extending from xiphoid to the pubis present.

Amount of fee paid (if any) Rs. _________________ to _____________vide No ______



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Annexure 6: Post Mortem Report

POST MORTEM FINDINGS FOR CASE NO: 155/17

BODY IDENTIFIED BY: Father Mr. Jasper Chaudhry

DATE AND HOUR OF STARTING AUTOPSY: 4th September 2017 at 10 am

DATE AND HOUR OF CONCLUDING AUTOPSY: 4th September 2017 at 11:40 am

1. NAME OF DECEASED: Amanjot Chaudhry

2. S/O: Shri Jasper Chaudhry AGE: 22yrs.’ SEX: Male

3. ADDRESS: #ABC Sector 28, Chandigarh

4. HEIGHT: 5 ft 9 inches WEIGHT: 56 kg. PHYSIQUE: Normal Built

5. SPECIAL IDENTIFICATION FEATURES: Mole on forehead (towards right)

Information provided by police:

As per the police on 3rd September, 2017, the deceased was discovered in a condition similar

to that of having been in a tussle. It appeared to them that the deceased was stabbed by a knife.

He was taken to a private hospital where he was admitted for the same and died during the

course of treatment on 4th September at 1:00 a.m.

Description of body and clothes:

Dead body of a moderately sized adult male wrapped in a white hospital sheet wearing a green

coloured hospital gown.

Rigor mortis:

Rigor mortis was well developed.



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Post-mortem staining:

The post mortem lividity was faintly developed over back except over the areas of contact

flattening. The post-mortem lividity was fixed. He had suffered external injuries in the form of

multiple irregular abrasions with subjacent contusions, irregular grazed abrasions and irregular

uncommon lacerations.

Any other finding:

A surgically created sutured midline incision measuring 15 cm extending from xiphoid to the

pubis present. On opening the sutures around 500 ml of clotted as well as unclotted blood

present in peritoneum.

On External Examination:

a. Bruising found on the inside of the right arm. Skin residue found on the under-side of

the deceased’s nails, do not match the deceased’s DNA.

b. Spindle shaped stab wound measuring 4.2 cm x 0.10 cm present obliquely over right

side of stomach with upper end inner to the lower end. Upper end is 8 cm from midline

and 12 cm from anterior iliac spine. Lower end is 10 cm from midline and 10 cm from

anterior iliac spine. The upper end is 105 cm from right heel. Both ends are acute with

the direction of track upwards, backwards and inwards. It is cutting through the skin,

subcutaneous tissue, muscles to cut through the right lobe of liver where it ends just

near to its posterior aspect cutting the left hepatic vein and branches of left portal vein.

Clotted as well as unclotted blood present in surrounding tissues. Multiple blood-

soaked gauze pieces found in hepatorenal pouch. Depth of stab is 15 cm.



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On Internal Examination:

a). Skull - Unremarkable.

b). Meninges – Pale.

c). Brain – Pale.

d). Spinal cord –Not exposed.

e). Mouth, Oesophagus and Pharynx – Unremarkable.

f). Larynx, Trachea – Unremarkable.

g). Lungs and pleural cavities – Pleural cavities unremarkable. Both right and left lungs pale

on cut section.

h). Heart and pericardial cavity – Pericardial cavity unremarkable. Heart unremarkable.

i). Coronaries – Patent.

j). Peritoneum and retro peritoneum – around 500 ml of clotted as well as unclotted blood

present in peritoneum. Repair of posterior peritoneum evident lateral to ascending colon. On

opening the retro peritoneum around 1.5 litre of clotted as well as unclotted blood present. A

small Ziploc bag discovered containing powder and a ring.

k). Small intestine – Pale. Faeces and gases present at places.

l) Large intestine – Pale. Faeces and gases present at places.

m). Kidneys – Right kidney not present. On dissection ligation of right iliac artery and vein

found. Ligation of two lumbar veins found. On further dissection, ligation of right ureter

present. Left kidney was pale.



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Cause of Death:

Cause of death in this case in my opinion is haemorrhage and shock consequent upon injury

number 1 which is sufficient to cause death in its natural course.

Type of weapon used:

Double edged sharp weapon

Time between injury and death:

5 Hours.

Time between death and post-mortem:

9 hours approximately

Sd/-

Dr. Sardul Mehtani

Medical Officer

PGI, Chandigarh



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Annexure 7: Panchnama

On 3/08/2017 at 23:00 Hours the investigating officer of the CBI along with 4 officials of the

NCB visited the crime scene #XYZ, MD, Panchkula After observing the place and taking

statements, he prepared a sketch. The following items were taken into possession in front of

witnesses:

1. Blood Samples from the floor

2. Clothes with blood stains

3. Briefcase full of cash

4. Sharp edged Knife with blood

5. Empty and unmarked cadavers.

6. Various Organs which were packed in several layers of sterile containers and further

cooled by surrounding the same with icy slush mixture.

Of the aforementioned items fingerprints of the Briefcase full of cash and the knife were taken

after the surface of both the items were examined through an alternate light source, wherein,

the LED devices were used to emit a spectrum of light at a particular wavelength. These devices

also entailed various filters which in turn provided a variety of spectra. The Spectra produced

by them was later processed with dye stains.

Ms. Janki Singh and Mr. Saurabh Seth, present on the scene as independent witnesses were

made privy to the entire procedure and consented to the entire contents of the panchnama and

have attested the same after the contents of the said panchnama were read over to them.

Sd/-

Investigating Officer

Witnesses:

Sd/- Sd/

Ms. Janki Singh Mr. Saurabh Seth

R/o R/o



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Annexure 8: WhatsApp Conversation between Amanjot and “Jaani”

On 15/08/2017



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On 31/08/2017



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Annexure 9: Instagram Post



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Annexure 10: Photos



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Annexure 11: Telephonic Conversation

Jayaan Dahiya (Inspector, Haryana Police): Good Evening Chand Sir. How are you?

Chand Singh: Very Good Evening Dahiya sir. I am well. It’s good to hear from you. How

have you been?

Jayaan Dahiya: I’m all good. Chand Sir that case of that boy’s murder and the drug racket

how’s it going?

Chand Singh: Well, about that, we need to thank your Government for giving us the

permission to investigate in Panchkula. The investigation is picking up pace.

Jayaan Dahiya: You entered our jurisdiction and raided the mortuary without permission. I

don’t know how the court will allow it. Are you seriously going to charge Mr. Nanda?

Chand Singh: Indeed. He’s the prime suspect.

Jayaan Dahiya: Sir, Mr. Gabbar is good man. I don’t think he would be involved in anything

as horrific as this case.

Chand Singh: But we too have our orders. That too straight from the top. He can’t go unruffled

out of this one.



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Annexure 12: Blood Matching and Fingerprint Report

FORENSIC SCIENCE LABORATATORY REPORT

Central Forensic Science Laboratory

Government of India

Mohali

Regd. No: FSL(Ba)/309/2017 6.09.2017

From

Director and Chemical Examiner

Central Forensic Science Laboratory

Mohali

To

I.O Chand Ram

CBI,

Chandigarh,

Ref: Your letter No.: FSL/ 01/ACP- 34/2016

Certificate of Examination

The articles, sent in RC. No. RCCHG2017A00 of, were received in the laboratory for the

examination on 05/9/2017. The seals found on the articles were intact and tallied with sample

seal. The description found on the articles corresponds to that of those present in the invoice.

Materials Examined

Article No Description Exhibit Number

1 Briefcase of cocaine 1

2 Packets of cocaine 2



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3 Blood Covered knife 3

4 Blood covered packet of

cocaine

4

5 Silver Ring 5

6 Blood Samples from the floor A

7 Clothes with Blood Stains B

9 Fingerprints Accused 3 G1

10 Fingerprints Deceased G2

11 Fingerprints Accused 1 G3

12 Blood of Accused 1 G4



Method of Analysis

Observations and tests conducted Cuttings, scrapings from the suspected areas were tested for

blood using presumptive test namely benzidine test. The presence of bloodstains was further

conferment by conduction takayama test. The extent of the stains, their size and location were

also noted. Further fingerprints were also lifted.

Result of Analysis

The cuttings and scrapings of the blood-stained exhibits were subjected to serological analysis.

The origin was determined by the gel diffusion method. Cross over electrophoresis and the

blood grouping was determined by the absorption elution method. The results of the serological

test are furnished below.

1. The Blood Samples lifted of exhibit 3 are the same as that on exhibit 4.

2. The blood samples on Exhibit A correspond with the dried blood stains on the exhibit

5.

3. The fingerprints of Exhibit 1 bear three sets of fingerprints corresponding to that of

G1, G2 and G3.



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4. The Fingerprints on the hilt of Exhibit 3 bear the fingerprints of G2 of and G3.

5. The blood on 5 is of the same blood group as that of G4.

Dr Alia Sharma Dr Harsh Ahuja

Asst. Director Forensic Serologist

Dr. Rohan Raichand

Director,

Central Forensics Science Laboratory

Mohali



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Annexure 13: Confession of Gaurav Chauhan to NCB

I, Gaurav Chauhan, of sound mind and body, on my own will free from any coercion admit to

purchasing drugs from Mr Gabbar Nanda. It is pursuant to this that I attempted to take the drugs

from the designated mortuary and drop of an identical briefcase of money in return.

Sd/-

Gaurav Chahuhan



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Annexure 14: Statement of Defence Witnesses

Gabbar Nanda (DW-1) (Owner Chita Ghoda Chandigarh)

I am Mr. Gabbar Nanda. I am a political leader of the region and the owner of the Chita Ghoda

Enterprises Pvt. Ltd. These charges against me are all part of a political witch-hunt. That is the

reason I filed a petition in the High Court to transfer the case to the State authorities which was

denied. Further the IO has enmity with me as well. On the night of the alleged incident, I was

with Meher at the Drink and Dine nightclub. It was such a wonderful evening. We were

celebrating our anniversary. I stayed the night with her. Amanjot’s death was tragic. He was

just a boy I offered help to when he was thrown out of his house by his father. He had a history

with drugs and I thought giving him a job might give him a sense of hope in life so I hired him.

I feel most aggrieved by his death but I have no role to play in it. Statements of a random person

can’t implicate me. The fingerprints so found are also forged and I am being framed. I wasn’t

even around that night! Moreover, the building where all this, including the alleged drug racket,

transpired is merely owned by me but it is leased to Mr. Khan. I have no part in his acts at the

building. I am also being accused of unconsented organ transplants whereas my stake hold in

the hospital is only 25%. I have no link to what happens inside the hospital especially

something as conspicuous as organ transplants. Further the IO has forcefully taken blood from

me. They have violated my human rights. This is all a conspiracy against me! I am most

distressed.

Karan Khan (DW-2)

I am the owner of the Bedi Hospital I’ve been in the business for about 20 years and this is

really unfortunate turn of events. Someone is out to frame Gabbar and I am merely a pawn. I

had no knowledge of any of the alleged activities going on in the mortuary and I am quite

positive that neither did Gabbar. He is being falsely accused. Yes, the mortuary is owned by

Gabbar, but we lease it and I am sure that the drugs have been planted and as for the organs,

all of them are from consenting patients who donate for medical research and anatomical

examination purposes. We are a social service who make sure that the bodies of people reached

their loved ones in the best condition. Transporting the organs to the patients often involves air



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travel which necessitates embalming, otherwise by that time all organs will be useless anyway!

We do a noble deed here.

The boy’s story is sad. However, he was a drug addict. It is quite possible that he swallowed

the packet of drugs. There is absolutely no cause to show we had anything to do with it. This

is just another false implication. Someone’s trying to frame us. I intend to file a case of

defamation for maligning my good name.

Meher Kapoor (DW-3)

Gabbar and I have known each other for three years now. In fact, on 3rd September was the

anniversary of our relationship. He is such a charming and good man, and is beloved by the

state. He’s extremely hard working for the people and the party. He’s so sweet that on 3rd

September, he took me to our favourite spot, the drink and dine nightclub to celebrate our

anniversary. In fact, the manager is a former employee of Gabbar’s. The club is in Phase-2,

Mohali so Gabbar picked me up from my house in Sector 8 at around 9:00 and we reached

around 9:30. I distinctly remember it because I was mad at him for making me wait for about

half an hour but he said he had to make a quick stop at Sampark for linking his Aadhar or

something. He’s such a responsible citizen. We returned from the dinner at around 11:30-12.

Gabbar stayed the night at my place. In fact, in the morning when he received the dreadful

news of the boy dying. He was visibly distraught and went to offer sympathy. I’m very sure

that he had no part to play in this. I know him way too well, he would never hurt anyone. All

this is a political conspiracy against my beloved and is tarnishing the memory of what was a

memorable night.



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Arpit Sangwan (DW-4) (Manager, Drinks and Dine Bar)

I am the manager of the nightclub drinks and dine I work 6 days a week starting on Monday.

On 3rd September’17 I was on duty. Mr Gabbar is one of our frequent customers. That very

night too, he had come with his girlfriend Meher to celebrate their anniversary. Despite being

such a big man, he always requests a reservation although I would gladly give him our best

table at a moment’s notice. When I was fired from my last job and my mother was sick I crashed

into Mr Nanda. By crash I mean literally I was not paying attention and my scooter crashed

into his car. Instead of handing me to the police he questioned me and I broke down and told

him my woes. He arranged a job for me and admitted my mother into Bedi Hospital and took

care of all expenses. It is rare to find such generous people. My mother unfortunately had a

heart attack and passed away soon after. As I was alone with no family, he offered to cremate

her remains as I could not bear the thought. He gave me the ashes, provided me with a trip to

Haridwar, on his hospitality to give her remains in River Ganga. I can’t believe that he’s being

accused in the case. He is a good man with heart of Gold. He could never have done anything

even close to what he’s being accused of and I can vouch that he was at the drinks and dine

between 9:20 p.m. to 11:30 pm on the 3rd September.

Statement of Gaurav Chauhan (DW-5)

I am shocked and embarrassed at the accusation. I was coerced into writing the confession. I

did not and have no intent, need or desire to purchase drugs from anybody. I have been framed.

I was merely lured into the mortuary and accidentally picked up the wrong briefcase. It is a

case of bad timing and coincidence.

4th ALL INDIA GURCHARAN SINGH TULSI CRIMINAL LAW …under sections 302, 120 B, of the IPC, charges...

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Transcript of 4th ALL INDIA GURCHARAN SINGH TULSI CRIMINAL LAW …under sections 302, 120 B, of the IPC, charges...