79
31) and P.W. 18 further stated that if Mr. Sanjib Kumar Dutta stated
him that if he would be summoned by Ld. Court then he would give
the certificate u/s 65 B of the Indian Evidence Act, certificate u/s 2A
(a) of the Banker’s Books Evidence Act and P.W. 18 reflected it in his
case docket.
From exhibit 29 this court finds that it has been on the letter
head United Bank of India duly signed by Chief Manager and it has
been stated that the mobile number 9733185096 is registered with
the savings account 1358010209038 in the name of Animesh Boxi s/o
Purnendu Boxi PS – Panskura, District – Purba Medinipur. From exhibit
30 this court finds the transaction inquiry of the bank account number
1358010209038 which is in the name of Animesh Boxi and the mobile
number is 9733185096. This court further finds from exhibit 30 that
the account is still active and there is deduction for SMS charges too
by the bank as ₹9/- is being deducted by the bank as SMS charges
2016 which means the regular SMS regarding transaction alert is
being sent to the mobile number 9733185096. There is seal of the
bank along with signature and the IP address at the bottom of each
pages containing 7 pages in total in exhibit 30.
Now, this court finds from the admission form of Animesh Boxi
(exhibit 10) the mobile number 9733185096 and this is the same
mobile number with which the account number 1358010209038 has
been opened by Animesh Boxi and this court already hold that the
admission form had been filled up by Animesh Boxi and thus this
court can presume that the accused Animesh Boxi is using the mobile
number 9733185096.
Now the question is under whose name the mobile number
9733185096 is registered. P.W. 18 stated that on 21/9/2017 he sent
requisition through constable Subhrajit Santra of monitoring unit, CID,
West Bengal to the Nodal Officer, Vodafone Mobile Services Ltd at
Constantia Office Complex 11, Dr. U.N. Brahmachari Road, Kolkata 17
for computer output i.e. hard copy of IPDR with destination IP and CAF
along with ID proof of customer in respect of mobile connection
number 9733185096 from the time period 06/8/15 to 21/8/17 with a
request to issue proper certificate u/s 65 B of Indian Evidence Act in
respect of aforesaid document.
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