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MITALI THAKURIA
CENTRAL BUREAU OF INVESTIGATION – Appellant
Versus
DIBYAJYOTI DUTTA – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. M. Haloi, learned Special Public Prosecutor, CBI for the petitioner. Also heard Mr. S. Borthakur, learned counsel appearing on behalf of the respondent No. 1; Mr. D. Gogoi, learned counsel appearing for the respondent Nos. 2 & 5 and Mr. D. Bora, learned counsel appearing on behalf of the respondent Nos. 3 & 4.
2. This is an application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 against the order dated 26.02.2020, passed by the learned Special Judge, CBI, Guwahati in CBI Case No. RC 01(A)/2019/CBI/ACB/Guwahati, whereby the prayer for recording of voice samples of accused/ respondents was rejected by the learned Special Judge, CBI.
3. In brief, it is the case of the petitioner/CBI that the CBI-ACB, Guwahati Branch has registered a case vide Case No. RC0172019A0001 against Shri Dibyajyoti Dutta (A1), General Manager (Sales) IOC, (AOD), Guwahati; Shri Lalchand Choudhary @ Lalaram (A2); Shri Laxmi Narayan Sogani @ LichuBabu (A3); Shri Tony @ Ankeet (A4); Ms. Bendangnaro Ao (A5); and some other unknown persons under Section 120B of the Indian Penal Code read with Section 7 (A), 8 & 12 of the Prevention of Corrup
The court affirmed that legal interception of telephonic conversations is permissible under Section 5(2) of the Indian Telegraph Act for serious offences, and justified the condonation of a 22-day de....
The court ruled that voice samples can be obtained legally if interception of telephonic conversations complies with established procedures under the Indian Telegraph Act, emphasizing the necessity o....
The interception of messages under Section 5(2) of the Indian Telegraph Act must demonstrate public safety or emergency; mere statutory recitation is insufficient.
The judgment emphasizes the importance of strict adherence to legal provisions and procedural guarantees against abuse of interference with privacy under the Indian Telegraph Act, 1885 and Rule 419-A....
Point of Law : When the allegations against an accused do not constitute an offence, even if such allegations are presumed to be true, a Court can exercise its powers under Section 482 of the Code to....
Prosecution sanction under the Prevention of Corruption Act must be granted with independent application of mind; failure to comply invalidates proceedings.
The main legal point established in the judgment is the admissibility of recorded conversation and the power of the Court to obtain voice samples of the witnesses under Section 91 of the CrPC.
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