DN UPADHYAY Vs. CBI

JUDGEMENT

(1.) An important issue which arises of consideration in the present petition is whether documents seized by the police during investigation and not relied upon with the charge sheet can be retained by the investigating agency and not returned to the accused or the person authorised to retain those documents.

(2.) A brief exposition of facts. RC Nos.0049(A)2003 DLI and 0050(A)2003-DLI (in short 49A/2003' and '50A/2003' respectively) were registered by the CBI against Vijay Kumar Manchanda, D.N. Upadhyay and others. On 11th Sept., 2003 documents were seized from the residence of D.N. Upadhyay vide seizure memo dated 11th Sept., 2003 and retained by the prosecution. In the two charge sheets, not even the seizure memo by which the documents were seized was relied upon what to say about the seized documents.

(3.) Vide judgment dated 30th April, 2016 D.N. Upadhyay has been acquitted in RC No.49A/2003 however trial is pending in RC No.50A/200 In R.C. No.50A/2003 D.N. Upadhyay filed an application for return of documents seized as they were not filed in the Court however on the statement of learned Spl. PP the CBI that the documents were required in the case as bank had suffered pecuniary loss despite no FIR has been lodged on that count, the application of D.N. Upadhyay was dismissed on 28th Sept., 2010. During trial, the CBI concluded its evidence in RC No.50A/2003 in 2015 thus D.N. Upadhyay filed a second application for return of documents on 20th May, 2016. However, again a reply was filed that the documents were still required. D.N. Upadhyay filed yet another application for release of unrelied documents wherein the CBI filed a reply that documents release of which was sought by D.N. Upadhyay in RC 49A/2003 may not be released and the order be kept in abeyance till disposal of RC No.50A/200