SAMEER SANDHIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) PETITIONER along with his co -accused is facing trial in CC No. 03/2013, CBI Vs. Mahesh Kumar and Ors. for the offences under Sections 120 -B of IPC r/w Section 7, 8 and 10 of the Prevention of Corruption Act, 1988. Vide order of 27th September, 2014 respondent -CBI's application / request for sending two sealed compaq discs (M -137/13 and M -170/13) to Central Forensic Science Laboratory (henceforth referred to as the 'CFSL') for preparing ten copies of each of these two compaq disc (hereinafter referred to as the 'CDs') for supplying to the accused persons stands allowed.

(2.) IT is noted in the aforesaid order of 27th September, 2014 that in the Seizure Memos of 4th May and 10th May, 2013 it is clearly stated that these two CDs in sealed conditions were seized and the unsealed CDs (M - 138/13 and M -171/13) of these two sealed CDs, contained the same material and the two unsealed CDs were handed over to the Investigating Officer for investigation. It is also noted in the impugned order that copies of these two unsealed CDs containing the same material, as in the two sealed CDs mentioned in the above said Seizure Memos have been already supplied to the accused persons. While allowing the application, trial court has directed the Investigating Officer to produce these two sealed CDs along with the requisite certificate before the Court.

(3.) THE challenge to the impugned order by learned senior counsel for petitioner is on the ground that these two sealed CDs were neither filed with the main charge -sheet nor with the supplementary charge -sheet and so, these two sealed CDs cannot be permitted to be brought on record, as they do not figure in the relied upon documents or in the list of documents.