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Kasab in judicial custody, judge to take statement

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Express News Service

Posted: Feb 21, 2009 at 0506 hrs IST

Mumbai Just days before the Mumbai Police is expected to file a chargesheet in the 26/11 terror attacks case, Crime Branch officials revealed that Ajmal Ameer Kasab, the lone terrorist caught alive during the attacks, has been remanded in judicial custody with the intention of recording his confessional statement before a judge.

“Kasab has been remanded in judicial custody till February 26. This has been done with a two-fold intention — to record his confessional statement before a judge under Section 164 of the Criminal Procedure Code (CrPC) and to conduct another identification parade,” said Joint Commissioner of Police (Crime) Rakesh Maria, who refused to specify the date on which Kasab had been shifted to judicial custody.

In accordance with the procedure for judicial custody, Kasab has been shifted from the high-security police lock-up at the Crime Branch headquarters at Crawford Market. “He has been shifted to an undisclosed location which cannot be revealed due to security reasons,” Rakesh Maria said.

Meanwhile, a three-member Crime Branch team that had gone to the US a week ago to interact with FBI officials for gathering evidence on the 26/11 case, returned to the city on Friday. The team, which visited Washington DC and New Jersey, comprised Additional Commissioner of Police (Crime) Deven Bharti, Senior Police Inspector (Property Cell) Arun Chavan and Police Inspector (Crime Branch Unit 3) Dinesh Kadam.

“It was a fruitful visit. The team had taken a Letter Rogatory (LR) with them to the US. Under Section 166 of the CrPC, if any investigating agency wants to conduct any investigation in a foreign country, it has to apply for permission to do so from the concerned local court, which in turn writes to the relevant court in the foreign country. The LR allows us to conduct investigations and collect evidence in the US, and it was secured on February 3. Besides this, we had invoked a legal assistance treaty signed between India and the US in 2005,” the Joint Commissioner said.

Revealing details of the visit, Rakesh Maria said, “We collected documentary and oral evidence from different sources in the US and statements were recorded from various witnesses. We got documentary evidence on the telephonic communication and GPS details, as well as records from the Voice Over Internet Protocol service Callphonex used by the terrorists. We have also secured the purchase and sale records of the Yamaha outboard motor used by the terrorists to buttress our case,” he said.

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