JUDGMENT

VIKAS MAHAJAN, J.

1. The present petition has been filed by the State against the impugned order dated 11.03.2015 passed by the Court of learned Special Judge (PC Act)-05, (ACB), (Central), Tis Hazari Courts, Delhi whereby all the accused persons / respondents have been discharged for the offences under Section 7 and 13(1)(d) of the PC Act punishable under Section 13(2) of the PC read with Section 120 IPC.

2. The petition has been filed seeking the following relief:

―a) summon the Trial Court record for the purpose of revision of the impugned order dated 11.03.2015 passed by Shri Naottam Kaushal, Special Judge, (PC Act)-05, (Central), Tis Hazari Courts, Delhi discharging the Respondents herein in FIR No. 12/2005 PS Anti Corruption Branch U/s 7,12,13 POC Act, 1988 read with Section 120-B IPC, and b) direct framing of charges against the Respondents herein for offences under Section 7 & 13(1)(d) of the PC Act punishable U/s

13(2) of the PC Act read with Section 120-B IPC.‖

3. The facts leading to the present petition as borne out from the chargesheet are as under:

a. In a sting operation, correspondent and camera person of Aaj Tak channel conducted an audio video recording of the assessing authorities and other officials of Sales Tax Department, Delhi accepting bribes in order to deal with the files.

b. The sting operation was telecast on 08.03.2005 and 09.03.2005 on Aaj Tak channel in a programme titled as „GHOOS MEHAL‟. The program identified and named 10 assessing authorities.

c. After the program had been telecasted, the Commissioner (Sales Tax), Delhi approved registration of FIR and accordingly, Vigilance Officer, Sales Tax lodged the present FIR. During investigation, two CDs of the aforesaid program as were telecasted were handed over by Dheerender Pundir, correspondent of Aaj Tak and the same were seized. Accordingly, the CD and voice samples of the accused persons were also sent to CFSL, Chandigarh.

d. During the telecast of the program, it had been informed that 82 officers / officials of Sales Tax Department were seen in the sting operation demanding and accepting bribe. However, the CD handed over by correspondent of news channel did not contain the details of the aforementioned 82 officials. Thereafter, the correspondent handed over a video cassette of the sting operation to the IO on 12.09.2006 and 03 CDs were prepared of the same for the purpose of investigation. The aforesaid CD‟s which were copies of video cassette were sent to CFSL for opinion, which opined that the video recording is not „Camera Original‟. However, the same were similar to the CD‟s provided earlier for which a report had been submitted on 19.02.2007.

e. It is further the case of the prosecution that the statements of Dheerender Pundir and his camera person Jalaj were recorded by the IO. The statements of other witnesses identifying the accused persons in the video cassette were also recorded and finding sufficient material against the accused persons for having accepted money which was apparently not legal remuneration, charge-sheet was filed against 33 officers/officials who could be identified in the audio-video recording. Sanction for prosecution had also been sought. Two of the accused persons namely, Hem Raj Kapoor and B.K. Dhingra expired during investigation, accordingly charge was sought to be framed against the remaining 31 accused persons.

4. One of the grounds on which the impugned order of discharge is premised is that the CD and Video Cassette seized by the IO, with respect to the Program „Ghoose Mehal‟ in which the accused persons in the sting operation were seen demanding and accepting bribe, were held to be totally inadmissible in evidence for the reason that the same were not accompanied by the certificate in terms of Section 65B of the Evidence Act (in short „the Act‟). Accordingly, the contents of the CD and Video Cassette and the transcript prepared on the basis of the said audio-video recording were also held to be totally