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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI, JJ.
Basanta Das – Petitioner
Versus
State of West Bengal and Others – Respondents
WPA Nos. 2613, 22522, 22523, 22550, 22773, 22780, 22782, 22785, 22973 of 2018, WPA Nos. 16844, 18355, 19273, 19278, 19749, 20045, 20404, 20776, 20778, 21665, 21923, 22119, 23259, 23454 of 2019, WPA Nos. 8078, 8555, 11455 of 2020, WPA Nos. 7592, 8003, 8264, 10947, 10949, 10960 of 2021, IA No. CAN 1 of 2020
Decided On : 15-01-2024
Indian Evidence Act - Section 65B - Certification of electronic evidence
Fact of the Case:
The Central Bureau of Investigation obtained the requisite certificate under Section 65B of the Indian Evidence Act, 1872.
Finding of the Court:
The court granted leave for the filing of an affidavit placing the Section 65B certificate on record.
Issues:
Ratio Decidendi: The court's decision was influenced by the requirement of obtaining a certificate under Section 65B of the Indian Evidence Act for electronic evidence.
Final Decision: The matters were listed for further hearing on January 16, 2024.
JUDGMENT :
1. The writ petitions are taken up for hearing.
2. In course of hearing, it transpires that, Central Bureau of Investigation (CBI), obtained requisite certificate under Section 65B of the Indian Evidence Act, 1872.
3. Learned Deputy Solicitor General seeks leave to file an affidavit placing such document on record.
4. Considering such prayer, leave, as prayed for, is granted.
5. Let such affidavit be filed by January 16, 2024 as the hearing is ongoing.
6. List the matters on January 16, 2024.
The central legal point established is the requirement for certification of electronic evidence under Section 65B of the Indian Evidence Act.
The court's decision emphasized the importance of filing affidavits, representation of advocates, and scheduling of the next hearing in the case.
Court addressed the adequacy of investigation findings and transfer requests in a writ petition context.
The court has the discretion to allow the addition of parties in writ petitions and to consider the admissibility of supplementary affidavits. The court also has the authority to direct the parties t....
The court emphasized the importance of hearing from the Director General of CBI and addressing non-compliance with departmental circulars.
Court proceedings and scheduling of hearings.
The discretion to allow additional documents under Section 311 of Cr.P.C. must be exercised sparingly and with caution, and filing of additional documents is a concession to be used sparingly.
Proper notification and service of legal documents must be ensured for the court proceedings to be valid.
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