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B. P. DESHPANDE
Ravi Laxman Naik – Appellant
Versus
Police Inspector – Respondent
JUDGMENT/ORDER
BHARAT P.DESHAPANDE, J. - Rule. Rule is made returnable forthwith. Heard finally with consent of the learned Counsel for the parties.
2. The petitioner/accused filed an application under Sec. 91 of CrPC before the Special Criminal Court (NDPS) in Case No.29 of 2023 at the stage when the matter was fixed for arguments for framing of charge. The said application was rejected by the learned Special Court vide order dtd. 15/07/2023, which is under challenge.
3. Heard Mr. Arun Bras De Sa, learned Counsel for the petitioner and Mr. Pravin Faldessai, learned Additional Public Prosecutor for the respondents-State.
4. Mr. De Sa would submit that on 04/11/2022 the petitioner was allegedly taken away from his home and was booked under FIR No.104/2022 by the Crime Branch Police Station Ribander on the allegations that during house search, Ganja weighing 5.042kgs, Charas weighing 1.008kgs, cultivated cannabis plants having flowering and fruiting tops substance suspected to be Ganja weighing 5.350kgs were recovered. He would submit that no panchanama of search and seizure was carried out at the house of the petitioner and the entire procedure was conducted at the police station. He
The accused does not have the right to invoke Sec. 91 of the CrPC for document production at the stage of framing charges; such rights are reserved for the defense stage of the trial.
The accused cannot invoke Section 91 CrPC to produce documents for defense at the charge framing stage; only prosecution materials are considered.
At the stage of framing of charge, the court can only consider material produced by the prosecution. The accused cannot invoke Section 91 to prove innocence, unless material of sterling quality has b....
(1) Section 91 Cr.P.C. does not confer any right on accused to produce document in his possession to prove his defence.(2) Application under Section 91 Cr.P.C. at instance of accused would lie even a....
The main legal point established in the judgment is that accused persons are entitled to invoke Section 91 CrPC after the filing of the charge-sheet, and the trial Court has the jurisdiction to direc....
The main legal point established in the judgment is that the accused's entitlement to seek production of documents under Sec. 91 would ordinarily not come till the stage of defense, and the expressio....
At the discharge stage, an accused cannot seek production of documents under Section 91 of Cr.P.C, as the right to produce evidence arises only during the trial phase.
(1) Documents which were not part of charge-sheet, but seized by investigating agency during investigation of offence, cannot be withheld by prosecution merely on the ground that documents sought to ....
The right to seek document production under Section 91 of CrPC arises only at the defense stage, not during pre-charge proceedings.
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
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