SAMEER SANDHIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) FACTUAL ASPECTS : A very short controversy arises in these appeals. The appellant is accused No. 7, who, along with others, is facing trial in Case No. RC-217/2013/A0004 (CC No.3 of 2013) registered for various offences under the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). An FIR was registered on 3/5/2013 for the offences punishable under Sec. 120-B of the Indian Penal Code, 1860 (for short, 'the IPC') and Ss. 7, 8 and 10 of the PC Act. The dispute revolves around two Compact Discs.

(2.) Between 8/1/2013 and 1/5/2013, the Ministry of Home Affairs had granted permission to intercept the telephone calls of accused nos.2, 3, 5, 6 and 8. The Ministry of Home Affairs also granted permission during this period to intercept the telephone calls of one Manoj Garg. On 4/5/2013 and 10/5/2013, two CDs (hereafter referred to as 'the CDs'), containing call records of 189 and 101 calls, respectively, were seized. On 27/5/2013, the CDs were sent to the Central Forensic Science Laboratory (for short, 'the CFSL') for analysis. Sanction was granted thereafter on 2/7/2013 under Sec. 19 of the PC Act. A charge sheet was filed by the respondent, the Central Bureau of Investigation (CBI), on July 2, 2013. On 4/7/2013, cognizance was taken by the Special Court of the offences punishable under Sec. 120-B of the IPC and Ss. 7, 8, 9 and 10 of the PC Act.

(3.) On 25/10/2013, the CFSL forwarded its report and original sealed CDs back to the respondent, CBI. On 30/10/2013, though a supplementary chargesheet was filed along with the CFSL report, the CDs were not filed. On 11/3/2014, charges were framed against the accused. Ultimately, the recording of the evidence of the Prosecution Witnesses (PWs) commenced on 15/9/2014.