Lawstreet Journal

'Documents Seized by Investigating Agency Cannot be Withheld Merely on the Ground that They are not Part of Charge -Sheet' : Gujarat High Court Partly Allows Sanjiv Bhatt's Plea [READ JUDGEMENT]

Lawstreet Journal 8 Oct 2021 5:32pm

Image courtesy: Lawstreet Journal Judiciary 'Documents Seized by Investigating Agency Cannot be Withheld Merely on the Ground that They are not Part of Charge -Sheet' : Gujarat High Court Partly Allows Sanjiv Bhatt's Plea [READ JUDGEMENT]

The Gujarat High Court granted in part Former IPS officer Sanjiv Bhatt's request for the production of certain documents, including a summary report related to the trial in a 1996 case under the Narcotics Drugs Psychotropic Substances Act, 1985.

The prosecution cannot withhold documents that were not part of the charge sheet but were seized by the investigating agency during the investigation of the offence simply because the documents sought to be summoned are not part of the charge sheet, according to Justice Ilesh J. Vora.

Bhatt had petitioned the Special Court for the production of the following documents:

1) Investigation papers of "A" Summary report, Exh:18–279, as well as case diary pages 1–42, case diary pages 1–29, and 16 documents attached to the case diary;

2) C.R. Nos. 51/1996 and 54/1996, registered at Agthala Police Station, are copies of the FIR.

3)Mr. Dhagal came for investigation at Palanpur Police Station and carried out investigation with respect to the application made under the provisions of Human Rights, as a result, all relevant documents pertaining to said inquiry conducted by Mr. Dhagal were produced.

The Trial Court dismissed the applications, noting that he had not established that the documents sought were "necessary and desirable" for the just resolution of the case and that they were filed with the intent of delaying the trial proceedings.

A Summary report, one of the claimed documents, was not included in the charge sheet, but after the investigation was completed, the IO forwarded it to the Special Court… Continue Reading...


Tagged: Gujarat High Court  
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