IMPORTANT POINT
The collection of voice samples for forensic analysis, when conducted lawfully and with consent, does not violate the right to privacy or the principle against self-incrimination under the Constitution.

JUDGMENT :

HONOURABLE MRS. JUSTICE MITALI THAKURIA

Heard Mr. D. Nandi, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned Standing counsel, CBI for the respondent.

2. This application filed under Sections 397/401 of the Code of Criminal Procedure, 1973, praying for setting aside the impugned Order dated 03.08.2021 passed by the learned Special Judge, CBI, Guwahati in Misc. (CBI) Case No. 05/2020 arising out of Case No. RC 3(A)/2020-CBI-GWH.

3. The brief facts of the case is that; the present petitioner was posted as an EE, Assam Aviation Division CPWD, Guwahati at the time of alleged incident and at present he is posted at Chennai. On 18.03.2020, one Shri Rathin Talukdar contractor of CPWD and other Govt. agencies lodged a written complaint before the SP/Head of the Branch, CBI, ACB, Guwahati against the present petitioner alleging that he has recently completed a work c/o sentry post water supply and sanitary installation providing G.I. chain link fencing around T-V, T-III and T-II waters at Kendriya Vidyalaya campus, Tamulpur, Assam and a final bill amount to Rs.6,85,000/-(Rupees Six Lakhs Eighty-Five Thousand) only is pending. It is also alleged that another bill was pending amounting to Rs.4,50,000/-(Rupees Four Lakhs Fifty Thousand) only in the office of the petitioner. Further, the complainant has also alleged that the accused petitioner has sought upto 2% of the tender amount of every work and 1% of every bill for passing and payment as bribe. Thereafter, the complaint was registered bearing RC0172020A000 [RC 3(A)/2020-GWH/258(i)].

4. Further, it is contended by the accused/petitioner that the CBI on dated 20.03.2020 forced him to provide his voice sample and also procured his signature, while, he was in police custody. The petitioner apprehended that the voice sample which was collected illegally by the CBI while he was in the police custody will be misused and the same may be manipulated to create a positive opinion in the spectrographic test for which the accused/petitioner will be deprived from his legal remedies. Thereafter, the petitioner intimated the learned Trial Court about such forceful and illegal collection of voice sample vide petition No. 538/2020 on 23.03.2020 by the CBI personals while he was in the police custody and accordingly, he prayed before the said Court to take necessary action and/or pass any such order as the said Court may deem fit and proper. However, against the aforesaid petition dated 23.03.2020, the CBI did not filed any objection before the Trial Court.

5. The petitioner states that vide petition No.556/2020 dated 22.05.2020, the CBI stated that on the basis of the complaint dated 18.03.2020, a trap proceeding was done in presence of 2(two) independent witnesses. It was also stated that during the trap laying proceedings on 18.03.2020, the conversation that took place between the complainant Shri Rathin Talukdar and the present petitioner was recorded in a newly purchased speed (High Speed Memory Card) of 4 GB micro SD memory card with the help of a Sony make recorder in presence of the shadow witness and the said memory card, after unmounting from the Sony make digital voice recorder was packed, sealed in an envelope and was signed by all concerned of the trap laying team on the spot. Accordingly, the CBI prayed before the learned Trial Court to allow the I.O. of the case to obtain the voice sample of the accused/petitioner.

6. Thereafter, the petitioner filed a reply in opposition against the order dated 22.05.2020 stating that in the petition No.556/2020 filed by the respondent, there is no such mention under what statutory provision the IO has filed the petition praying for recording of voice sample of the accused/petitioner. Thus, on reading of the aforesaid petition No.556/2020, it appears that in spite of the Constitutional Right guaranteed under the Constitution of India, the CBI personal has filed the instant petition which infringe the protection guaranteed by the