1. An important issue which arises of consideration in the present petition is whether documents seized by the police during investigation and not relied upon with the charge sheet can be retained by the investigating agency and not returned to the accused or the person authorized to retain those documents.

2. A brief exposition of facts. RC Nos.0049(A)2003 DLI and 0050(A)2003-DLI (in short ‘49A/2003’ and ‘50A/2003’ respectively) were registered by the CBI against Vijay Kumar Manchanda, D.N. Upadhyay and others. On 11th September, 2003 documents were seized from the residence of D.N. Upadhyay vide seizure memo dated 11th September, 2003 and retained by the prosecution. In the two charge sheets, not even the seizure memo by which the documents were seized was relied upon what to say about the seized documents.

3. Vide judgment dated 30th April, 2016 D.N. Upadhyay has been acquitted in RC No.49A/2003 however trial is pending in RC No.50A/2003. In R.C. No.50A/2003 D.N. Upadhyay filed an application for return of documents seized as they were not filed in the Court however on the statement of learned Spl. PP the CBI that the documents were required in the case as bank had suffe