Point of Law: 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 Official Gazette, any Department, body or agency of Central Government or a State Government as an Examiner of Electronic Evidence.

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 voice sample. In consequence thereof, Deputy Superintendent of Police (special branch)/Investigating Officer issued Annexure-I notice to the petitioner to appear before the All India Radio Station, Kozhikode on 04.02.2021 at about 10:30 a.m. According to the learned counsel for the petitioner, Annexures-H and I orders are illegal and the same are liable to be set aside.

4. It is submitted by the learned counsel for the petitioner that Crime No.150/2018 of Vengara Police Station was initially registered against one Fajid, on seizure of 2.100 Kg of Ganja from an autorickshaw belonged to Fajid at 13:50 hrs on 22.06.2018. Annexure-A FIR also was registered and Fajid was arrested. Later he was released on bail. Thereafter, Fajid was removed from the array of accused. Later the petitioner and two other persons were implicated in the crime on the allegation that they have committed offences under Section 193 and 201 read with Section 34 of Indian Penal Code (hereinafter referred as 'IPC' for short) and under Section 20 (b)(ii)(B) of NDPS Act. Then the petitioner herein approached this Court for anticipatory bail and as per Annexure-B order in B.A. No.491/2019 dated 26.02.2019, this Court granted anticipatory bail to the petitioner, on appraisal of the history of the case, as espoused.

5. Subsequently, the investigating officer/2nd respondent had filed an application before the Learned Special Judge, stating that the petitioner had spoken to the Sub Inspector from 23.58 hours on 21.06.2018 till 04.12 hours on 22-6-2018, and the same was recorded in the official telephone of the Sub Inspector which was recorded on a C.D. and therefore, to ascertain the voice of the petitioner, the petitioner was directed to appear for collecting the voice sample, so as to compare the same with the recorded voice in the C.D. A true copy of the application submitted by the 2nd respondent-Investigating Officer dated, 23-7-2020 is Annexure-C. The Learned Special Judge considered the matter in detail and dismissed the said petition as per Annexure-D order on 29-8-2020, stating that there was no certification under Section 65B of the Evidence Act and the official phone of the Sub Inspector was not seized or produced.

6. After Annexure-D order, a second application for the same relief was filed and the learned Special Judge, dismissed the same.

7. Subsequently, on 22-9-2020, another application for the third time was filed for the same relief, stating that the official phone of the Sub Inspector was seized on 3-9-2020. True copies of the notice and the report filed by the 2nd respondent before the Special Court, Manjeri dated, 28-9-2020 and 22-9-2020 are Annexures-E and F.

8. It is submitted by the learned counsel for the petitioner further that the present application which led to Annex