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TMI Blog2022 (3) TMI 361X X X X Extracts X X X X X X X X Extracts X X X X ..... ey Laundering Act (for short 'PML Act'). The predicate offence was with respect to CBI case registered as CC No.6 of 2012 on the file of Principal Special Judge for CBI Cases, Hyderabad, registered for the offences under Sections 420, 409 and 477 read with 120-B IPC. In the CBI case, charges had not been framed and discharge applications were filed by the petitioner and other accused and the same were pending. The petitioner filed an application under Section 207 Cr.P.C. to direct the prosecution i.e. the 2nd respondent to furnish the list of un-relied documents by the prosecution such as statements or objects/documents, seized during the course of investigation done by the 2nd respondent. The said application was filed on 15.02.2021. The 2nd respondent filed a counter on 16.12.2021 opposing the petition on the ground that it was false and frivolous in nature. However, there was no whisper about the un-relied documents and the 2nd respondent had not specifically stated anything with respect to the un-relied documents. 4. Learned counsel for the petitioner further submitted that the learned Special Judge failed to follow the law laid down by the Hon'ble Apex Court in "Re: To Issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forcement Directorate during the course of investigation from various sources including the predicate offence agency i.e. CBI. If the contention of the petitioner was accepted it would result in an absurd situation where the investigating agency would be serving the interest of the accused. The petitioner could approach the predicate offence agency i.e. CBI who conducted the search and seized the documents. The petition was devoid of merit and liable to be dismissed. The learned Special Judge was correct in dismissing the application of the petitioner as the petitioner had not even mentioned the list of documents which he was under assumption that the 2nd respondent was holding the same as not relied upon and prayed to dismiss the petition. 6. Perused the record. The record would disclose that the 2nd respondent filed the complaint before the Principal Special Judge for CBI Cases, Hyderabad under Section 200 Cr.P.C. read with Section 45 (1), 3, 4 and 8(5) of the PML Act against A1 to A13. The Court had taken cognizance of the offence under Section 4 read with 3 of the PML Act against A1 to A5, A7 to A13. On appearance of the accused before the Court on 12.07.2019, the documents re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request and as per Section 173 (7) Cr.P.C. where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub- section (5). 8. Section 207 Cr.P.C. is pertaining to supply of copy of police report and other documents to the accused. It reads as under: "207. Supply to the accused of copy of police report and other documents:- In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:- (i) the police report; (ii) the first information report recorded under section 154; (iii) the statements recorded under sub- section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub- section (6) of section 173; (iv) the confessions and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd documents do not support the prosecution case and, on the contrary, supports the accused, a duty is cast on the Investigating Officer to evaluate the two sets of documents and materials collected and, if required, to exonerate the accused at that stage itself. However, it is not impossible to visualize a situation whether the Investigating Officer ignores the part of the seized documents which favour the accused and forwards to the Court only those documents which support the prosecution. If such a situation is pointed by the accused and such documents have, in fact, been forwarded to the Court would it not be the duty of the Court to make available such documents to the accused regardless of the fact whether the same may not have been marked and exhibited by the prosecution? What would happen in a situation where such documents are not forwarded by the Investigating Officer to the Court is a question that does not arise in the present case. What has arisen before us is a situation where evidently the unmarked and unexhibited documents of the case that are being demanded by the accused had been forwarded to the Court under Section 173 (5) but are not being relied upon by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in our view, be allowed to take a roundabout turn and the march has only to be carried forward. If the claim of the appellant is viewed in context and perspective outlined above, according to us, a perception of possible prejudice, if the documents or at least an inspection thereof is denied, looms large. The absence of any claim on the part of the accused to the said documents at any earlier point of time cannot have the effect of foreclosing such a right of the accused. Absence of such a claim, till the time when raised, can be understood and explained in several reasonable and acceptable ways. Suffice it would be to say that individual notion of prejudice, difficulty or handicap in putting forward a defence would vary from person to person and there can be no uniform yardstick to measure such perceptions. If the present appellant has perceived certain difficulties in answering or explaining some part of the evidence brought by the prosecution on the basis of specific documents and seeks to ascertain if the allegedly incriminating documents can be better explained by reference to some other documents which are in the court's custody, an opportunity must be given to the accused to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Pradesh and Ors., arising out of Crl.A.400 of 2006 and connected matters delivered on 20.04.2021, while noticing certain deficiencies occurring in the courts while conducting criminal trials and the practice adopted by trial courts in disposal of criminal cases held that: "11. The amici pointed out that at the commencement of trial, accused are only furnished with list of documents and statements which the prosecution relies on and are kept in the dark about other material, which the police or the prosecution may have in their possession, which may be exculpatory in nature, or absolve or help the accused. This court is of the opinion that while furnishing the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) should be furnished to the accused. This is to ensure that in case the accused is of the view that such materials are necessary to be produced for a proper and just trial, she or he may seek appropriate orders, under the Cr.P.C. for their production during the trial, in the interests of justice. It is directe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Supreme Court noted a common feature that seizure of a large number of documents takes place in the course of investigation in a criminal case and that after completion of the process of investigation and before submission of the report under Section 173 Cr.P.C., the investigating officer is bound to apply its mind to the two sets of documents i.e. the one which support the prosecution case and the other which support the accused, however it is not impossible to visualise a situation where the documents favouring the accused are not forwarded to the Court, even though the prayer in the said case was in relation to the documents forwarded to the Court but not relied by the prosecution. 19. Further, Clause 12.32 of the CBI (Crime) Manual 2020 also lays down the procedure of inspection of documents kept in the Malkhana on Court order. Thus Clause 12.32 of the CBI (Crime) Manual 2020 recognizes the right of the accused to carry out inspection as per the procedure laid down in the Manual of the CBI." 14. Learned Standing Counsel further contended that the CBI manual provides the procedure for inspection of documents kept in the Malkhana but no such provision was availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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