2024 (3) TMI 841 - HC - Indian Laws

Prayer to direct the respondent- C.B.I. to furnish/ supply the copy of the post trap memo - seeking to know the reason of arrest - HELD THAT - hat is reflected from the record is that all the three persons against whom allegations were levelled by the complainant have been arrested. This Court is not in a position to appreciate the stand taken by the C.B.I. before the court below, which is evident from the reply filed by the C.B.I., before the Special Court, a copy of which has been placed at Page No.43 of the paper book, wherein it is stated that accused Punit Singh has not signed on post trap memorandum, hence, same is not falling in the category of recovery memo and also that the investigation of the case is at initial stage and vital witnesses are yet to be examined and documents are to be collected and thus, the copy of the post trap memo cannot be provided to the accused. The concept of fair trial may not be confined only to the prosecution and the same with equal force is applicable to the accused and if there is nothing extraordinary, in usual course, the copies of necessary documents must be provided to the accused persons of a crime, even at the stage of investigation and so much material should be provided by the investigating agency to the accused which may at least reflect the necessary evidence and material appearing against accused resulting in his arrest and confinement. This Court is of the considered view that the Central Bureau of Investigation should have provided a copy of post trap memo of date 31.1.2024 to the applicant - Application allowed.

Summary

Issues Involved:
1. Legality of the Trial Court's order rejecting the request for the post trap memo.
2. Applicant's right to access the post trap memo for a fair defense.
3. Potential impact on the investigation by providing the post trap memo.
4. Compliance with legal provisions and guidelines on the supply of documents to the accused.

Summary:

The instant application under Section 482 Cr.P.C. was moved against the impugned order dated 15.02.2024 by the Trial Court/Special Court, requesting the respondent-C.B.I. to furnish the copy of the post trap memo (Fard Baramadgi and arrest) dated 31.01.2024 to the applicant.

1. Legality of the Trial Court's Order: The applicant argued that the Trial Court committed a patent illegality in rejecting his request for the post trap memo. The applicant was arrested on 31.01.2024 and produced in court on 01.02.2024 without being provided a copy of the post trap memo.

2. Applicant's Right to Access the Post Trap Memo: The applicant submitted that the grounds of his arrest could only be inferred from the post trap memo, and its perusal was necessary to ensure the justification of his arrest. In the absence of the trap memo, the applicant claimed prejudice in defending himself properly.

3. Potential Impact on the Investigation: The C.B.I. contended that providing the post trap memo could benefit other co-accused persons, hampering the investigation's progress. They argued that the investigation was at an initial stage, with vital witnesses yet to be examined and documents to be collected.

4. Compliance with Legal Provisions and Guidelines: The court referred to guidelines from the Hon'ble Supreme Court regarding the supply of documents under Sections 173, 207, and 208 Cr.P.C. These guidelines emphasize that every accused should be supplied with statements of witnesses and a list of documents and material objects seized during the investigation. The court highlighted the necessity of fair trial principles, ensuring that the accused has access to necessary evidence and material appearing against them.

The court concluded that the concept of a fair trial applies equally to the accused and prosecution. It directed the C.B.I. to provide a copy of the post trap memo dated 31.01.2024 to the applicant or his counsel within seven days, emphasizing that necessary documents must be provided to the accused even at the investigation stage to reflect the evidence leading to their arrest and confinement.

Conclusion: The application under Section 482 Cr.P.C. was allowed, directing the C.B.I. to furnish the post trap memo to the applicant within seven days.