ORDER

1. Heard the learned Additional Solicitor General appearing for the CBI and also the learned counsel for the respondents. Leave granted.

2. The first respondent is an accused in a case pending before the Designated Court in Bombay under TADA Act. It appears that the first respondent was absconding and was arrested in a foreign country. He was extradited and brought to India on 11.11.2005 and by that time the trail of the other accused was over.

3. The prosecution wanted to rely on the evidence recorded by the Designated Court in the earlier trial conducted wherein the first respondent was not present as an accused. By the impugned order, the learned Judge, Designated Court, held that the prosecution may rely on the earlier evidence recorded in the earlier trial against the first respondent subject to establishment of existence of any of conditions precedent as described in second part of Section 299 of the Code of Criminal Procedure (Cr.P.C.). This order is challenged before us by the CBI.

4. Section 299 Cr.P.C. reads