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CBI filed closure report in missing case of medical representative
Court declined to accept and directed CBI for further investigation
9/26/2006 10:17:33 PM




Jammu, September, 26:- Chief Judicial Magistrate Jammu Mr. Sanjay Dhar decline to accept the final report presented by CBI in a case missing of Arvind Vaid on September 15, 2000, the CBI according to their closure report missing person had allegedly committed suicide but the Court directed the CBI to conduct the further investigation of the case.
According to the case one Arvind Vaid s/o Dr. SP Vaid 29 years age, who was working as Medical Representative on September 15, 2000 had gone to hotel situated at Ragunath Bazaar Jammu to attend a meeting convened by Vijay Gupta Area Sales Manager at about 5:00 PM but he did not return to his house. A missing report was lodged at PP Sarwal on September 16, 2000, but all efforts of the local police to trace out the missing person did not yield any result. The father of the missing person filed a writ petition in the State High Court, the High Court vide its order November 3, 2004 directed CBI to conduct the investigation of the case. After the investigation of the case, the invesigtaing agency found that Arvind Vaid had an altercation with his boss Vijay Gupta and at about 7:15 PM he had left on his scooter, the scooter was recovered by the police Kanachak during the intervening night of 15/16 September, 2000 along with documents including a pass book of J&K Bank in the name of Arvind Vaid an empty bottle of B Complex rat poison and injection without label were recovered. The investigation further revealed that Arvind was not having any enmity with anybody.



On October 20, 2000 Kanachak police recovered a dead body in a highly decomposed condition from the Ranbir Canal near TV tower Domana, proceedings u/s 174 CrPC were initiated and dead body was kept in the mortuary of GMC Hospital Jammu for three days for identification. On forth day autopsy on the body was conducted Viscera was sent to FSL Jammu for its examination. The report of FSL confirmed the presence of aluminum phosphide in the dead-body and according to the scientific officer FSL that aluminum phosphide is a suicidal poison and can cause death.



Chief Judicial Magistrate Jammu Mr. Sanjay Dhar after hearing Senior Public Prosecutor Mr. SK Bhat appearing for the CBI and the counsel appearing for the petitioner observed that the theory with regard to the commission of suicide as propounded by the Investigating Agency is primarily and solely based upon the presumption that the dead body recovered from the Canal is that of missing Arvind Vaid. According to the statements of family members of the missing persons, which were recorded by the CBI that the family members refuse to claim the dead-body? Hence there is no reason to doubt the statements of the family members of missing persons so far as the identity of the recovered dead body is concerned. Otherwise also the features of the recovered dead body do not resemble with those of the missing person Arvind Vaid as can be gathered from the material collected by the Investigating Agency. According to the dead-body recovered by the police clearly describes that the said dead body is having gorkha type features with a height 5’-11”, where as the features of Arvind Vaid are not Gorkha type and his height as per the missing report is stated to be 5’-6”. Another aspect of the matter is that the shoe recovered from the dead body is bearing size 6, whereas as per the family members of missing person, size of shoe was bearing size 8. Similarly as per the post-mortem report the age of the person whose dead body was recovered 35/40 years whereas the age of the missing person is stated to be 29 years. The investigating agency claims that Arvind Vaid committed suicide is not established in the present case. The investigating agency has not thoroughly investigated and examined the whereabouts of the missing person Arvind Vaid. There is no investigation with regard to the question as whether Arvind Vaid had gone after leaving his boss on the fateful day. There is nothing on record to show that any publicity has been given with regard to the missing of Arvind Vaid. The Investigating Agency was duty bound to do it in order to reach a certain conclusion with regard to the whereabouts of the missing persons. Court also pointed out various points regarding the failure of the investigating agency and ordered further investigation of the case.


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