The prosecution must provide transcripts of tape recordings to the accused for cross-examination and use the recordings in accordance with the Evidence Act and Code of Criminal Procedure.

ORDER

K.S. Garewal, J. - The petitioners have challenged the order of the learned Sessions Judge, Patiala dated July 6, 2001 and particularly the portion of the order wherein the prayer of the accused for being supplied the tape recordings was denied. The operative part of the order is as follows :-

"The accused have also referred some tapes in their applications, but the CBI has pleaded in reply that the relevant transcripts of the sophisticated magnetic spools/tapes have already been supplied to the accused. Therefore, nothing more can be given to them."

2. The second prayer in this revision is for supply of original copies of certain documents which had been obtained from Nepal and which request was declined by the learned trial court in the following terms :-

"Summoning of original record of documents from the Govt. of Nepal at this stage will only cause delay to the trial of the case. Therefore, it is directed that the prosecution will supply legible copies of the documents whenever these are received from the Nepal Govt. When the witnesses are going to prove the same, the copies of those documents should be with the accused before hand. In other words the legible copies of the record available with the prosecution secured from Govt. of Nepal should be given to the accused before the witnesses are brought to the witness box to prove the same."

3. The petition is disposed of with the following directions :-

(i) The prosecution shall, as and when the tape recordings are used during trial, give the transcripts of the tape recordings to the accused for the purpose of cross-examination. Furthermore, tape recordings/transcripts shall be used in accordance with the provisions of the Evidence Act and Code of Criminal Procedure.

(ii) The prosecution has filed original record of documents received from the Government of Nepal. Some of these documents are admittedly illegible. This court has been informed that the prosecution is making efforts to obtain legible copies of the documents and as and when legible copies are received copies thereof shall be supplied to the accused.

4. The petition stands disposed of with the above directions.

Order accordingly.