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1990 (6) TMI 184 - HC - Customs

Issues:
Accused's right to obtain Superintendent of Police (S.P.)'s Report for trial proceedings.

Analysis:
The accused, facing trial under the Import and Export Control Act, filed a revision against the trial court's order refusing to direct the first respondent to produce the S.P.'s Report. The accused sought the report for cross-examination and a proper discussion of the case. The defense argued that the S.P.'s Report was not privileged and should be produced as it was based on the first information report (F.I.R.), which was already provided to the accused.

The Public Prosecutor contended that the S.P.'s Report is confidential, containing investigation results, opinions, and legal advice, not falling under the Evidence Act's public document category. The key question was whether the S.P.'s Report, maintained for departmental use, should be disclosed to the accused for trial purposes.

The court examined the nature of the S.P.'s Report as outlined in the C.B.I. Manual, emphasizing its confidential and inter-departmental communication aspects. It highlighted the report's contents, including investigation results, legal opinions, defense pleas, and suggestions for departmental action. The court cited precedents to support the non-disclosure of similar inter-departmental communications in court proceedings.

Referring to previous judgments, the court clarified that accused individuals do not have an absolute right to access case diaries or reports like the S.P.'s Report, emphasizing the balance between the accused's rights and public interest in effective investigation and prosecution.

Ultimately, the court dismissed the revision, upholding the trial court's decision to deny the accused access to the S.P.'s Report. The judgment reaffirmed that such confidential reports, containing opinions and inter-departmental communications, are not meant for the accused's perusal during trial proceedings.

 

 

 

 

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