B. Siva Sankara Rao, J.

1. Heard learned counsel for the petitioner/accused officer and also the learned Standing Counsel-cum-Public Prosecutor for the ACB, State of Andhra Pradesh and perused the impugned order of the learned Special Judge dated 12.04.2016 in Crl.M.P.No. 256 of 2016 in C.C.No. 10 of 2011.

2. Undisputedly, as per the amended Section 65-B clause (4) of the Indian Evidence Act (for short the Act) for adducing any electronic evidence not in the form of original/primary evidence, the certificate contemplated is mandatory. The prosecution relied upon Ex.P2-CD that was exhibited through PW.1, however the compact disc is not shown as primary evidence, more particularly, from the prosecution version of the so called conversation is recorded in cell phone and the information is transmitted by retrieving the same into the compact disc. Once it is the copy to the original and for no such certificate filed to exhibit the secondary evidence covered by Ex.P2-compact disc even same is marked, it cannot be looked into much less to use by any party either by prosecution or by accused, more particularly, for the reason that there are no separate provisions in favour of the accu