SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Del) 1277

S.P.GARG
SAMEER SANDHIR – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates Appeared:
For the Petitioner Mr. Siddharth Luthra, Sr. Advocate, with Mr. Ankur Chawla, Ms.Kanika Singh, Ms. Heena Khan, Mr. Akshay Sahni, Mr. Anupam Prasad and Mr. Ali Chaudhary, Advocates.
For the Respondent:Mr. Narender Mann, SPP with Mr. Manoj Pant, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. There is no specific provision in the criminal procedure code that explicitly prohibits the production of evidence at a particular stage of the trial (!) .

  2. An investigating agency is permitted to file additional evidence, such as CDs, even after the initial filing of the charge-sheet or supplementary charge-sheet, provided there is no inordinate delay and the evidence was in existence prior to the filing (!) (!) .

  3. The absence of such evidence at the time of filing the charge-sheet does not automatically prejudice the accused, especially when the evidence is relevant, supported by proper certificates, and was available during investigation (!) (!) .

  4. The prosecution's failure to include certain evidence initially does not bar its subsequent admission during the trial, as the primary goal is to discover the truth, and the law favors the inclusion of relevant evidence to achieve that objective (!) (!) .

  5. The admissibility of evidence like CDs depends on their relevance, authenticity, and compliance with legal requirements such as certification under relevant evidence laws; these can be challenged during the trial and are not necessarily barred due to procedural lapses at an earlier stage (!) (!) (!) .

  6. The trial court has the discretion to decide on the admissibility of evidence, and procedural irregularities or omissions at earlier stages do not automatically invalidate evidence if it is relevant and properly supported (!) (!) .

  7. Overall, the law emphasizes that evidence can be filed or produced at different stages of the trial, provided the process is fair, and no prejudice is caused to the accused, and the courts should facilitate the discovery of truth over rigid procedural technicalities (!) (!) .

Please let me know if you need a more detailed analysis or further assistance.


JUDGMENT :

S.P.GARG, J.

1. Instant petition under Section 482 Cr.P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 06.02.2016 of learned Spl. Judge, CBI whereby application under Section 173(5)(8) Cr.P.C. filed by CBI to place on record CDs (M-137/13 & M-170/13) (hereinafter referred as ‘CDs’) was allowed. Petition is contested by the respondent.

2. I have heard the learned Senior Counsel for the petitioner and learned Special Public Prosecutor for CBI and have examined the file.

3. Admitted position is that the petitioner among others is facing trial in case RC No.217/2013/A0004 registered under various offences under Prevention of Corruption Act. Charge-sheet and supplementary charge-sheet have since been filed before the Trial Court. By an order dated 06.03.2014, charge has been ordered to be framed against the petitioner and others. Certain witnesses have also been examined on behalf of CBI. On 16.09.2014 at the time of examination of PW-3 (Mr.Uday Suryavanshi) objection was raised to the playing of CDs on the ground that these were never relied upon or filed in the Court. CBI sought permission to file an appropriate application.






























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top