Back
MITALI THAKURIA
Central Bureau of Investigation – Appellant
Versus
Swetabh Suman S/o Late B. K. Singh – Respondent
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. M. Haloi, Special Public Prosecutor, CBI for the petitioner. Also heard Mr. S. K. Srivastava, learned counsel assisted by Mr. N. Z. Lotha, learned counsel for the respondent No. 1; Mr. B. K. Mahajan, learned Senior Counsel assisted by Mr. D. Bora, learned counsel for the respondent No. 2; Mr. K. Agarwal, learned Senior Counsel assisted by Mr. B. K. Singh, learned counsel for the respondent Nos. 3 & 4; Ms. M. Kumari, learned counsel for the respondent Nos. 5 & 6; and Mr. A. K. Das, learned counsel for the respondent No. 7.
2. This is an application under Section 482 read with Section 397/401 of Code of Criminal Procedure, 1973, against the order dated 28.02.2020 passed by the learned Special Judge, CBI, Guwahati, Assam in CBI Case No. RC- 05(A)/2018/CBI/ACB /Guwahati, whereby, the learned Special Judge rejected the prayer of the prosecution to take voice samples of the accused persons, i.e. respondent Nos. 1, 2, 3 & 6.
3. It is stated that the CBI, Anti-Corruption Branch (ACB), Guwahati registered an FIR No. 05(A)/2018 on 11.04.2018 under Section 7, 11, 12 & 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 and read with S
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 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....
Test of admissibility of evidence lies in its relevancy, unless there is an express or necessarily implied prohibition in the Constitution or other law evidence obtained as a result of illegal search....
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....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
