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A. BADHARUDEEN
Abu Thahir, S/o. Kunhalikutty – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Accused No.1 in Crime No.150/2018 of Vengara Police Station has filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred as 'Cr.P.C', for short) to quash Annexure-H order passed by the learned Special Judge under the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred as 'NDPS Act', for short) and Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred as 'SC/ST Act', for short) and Annexure-I, the consequential order issued by the Investigating Officer. Respondents are State of Kerala and the Investigating Officer.
2. Heard the learned counsel for the petitioner as well as the learned Additional Director General of Prosecution, Sri.Grashious Kuriakose. Adv. Jamsheed Hafiz, who represented
Mr.Fajid also was heard.
3. It is submitted by the learned counsel for the petitioner that as per Annexure-H order in Crl.M.P.No.487/2020 dated 05.01.2021, the learned Special Judge directed the 1st accused in the above crime, who is the petitioner herein, to appear before the Director of All India Radio Station, Kozhikode on the date and time fixed by the Investigating Officer for the purpose of obtaining
Electronic Evidence - As per Section 79A, Central Government may, for purpose of providing expert opinion on electronic from evidence before any Court or other authority specify, by notification in O....
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.
The court affirmed the authority of the court to order a person to give a sample of his voice for the purposes of investigation of a crime, and upheld the legality of such orders under Fundamental Ri....
The main legal point established in the judgment is that the direction to give a voice sample did not violate the right against self-incrimination and the right to privacy, and the admissibility of e....
The court upheld the legality of compelling a voice sample post-charge framing, reinforcing that such actions do not violate constitutional rights when properly ordered during investigations.
Power to collect voice samples from accused persons can be conferred on magistrates through judicial interpretation and exercise of Supreme Court's jurisdiction under Article 142 of Constitution of I....
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