P.UBAID
A. K. Pratap – Appellant
Versus
Central Bureau of Investigation Anti Corruption Branch, Cochin, represented by The Standing Counsel CBI – Respondent
1. The petitioner herein is the first accused in a crime now being investigated by the CBI. As part of investigation, the CBI wanted to conduct identification of the voice of the accused by comparing it with the voice in a device. Accordingly, the CBI made an application before the learned Special Judge, Ernakulam as C.M.P No.321/2017 for a direction to the accused to give his voice samples. The said application was seriously opposed by the first accused on the ground, that allowing such a request will amount to testimonial compulsion, and that there is no provision in the Code of Criminal Procedure to authorise such a course.
2. After hearing both sides the learned trial judge allowed the application by order dated 24.5.2017, and directed the petitioner to provide his voice sample for comparison. The said order is under challenge in this petition brought under Section 482 Cr.P.C.
3. The impugned order is assailed by the petitioner on two grounds. One is that such an order, directing the accused to give voice specimen will amount to testimonial compulsion under Article 20(3) of the Constitution of India, and the other is that there is no provision anywhere authorising such
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