KHAJA MOIDEEN Vs. STATE

JUDGEMENT

(1.) The appellant has been arrayed as an accused in C.C.No.2/2018 on the file of Special Court under the National Investigation Agency.

(2.) Admittedly, the appellant was proceeded with after the Sanction Order was passed as well as the recommendation made by the Independent Authorities. During the pendency of the proceedings before the National Investigation Agency, the petitioner moved an application in Crl.M.P.No.298 of 2019 under Section 207 of Criminal Procedure Code, seeking to furnish him a copy of the Sanction Order passed by the competent authority and the report of the Independent Authority constituted under Section 45(2) of the Unlawful Activities (Prevention) Act, 1967.

(3.) The trial Court dismissed the petition, inter-alia holding that inasmuch as the said recommendation does not form part of the records of the prosecution and also the prosecution is not going to rely upon, there is no question of invoking Section 207 of Criminal Procedure Code. Challenging the same, the present appeal has been filed.