Gurpal Singh Vs. Central Bureau of Investigation - Court Judgment

Excerpt:
the case debated over the question of admissibility of documents under section 482 of the criminal procedure code, 1973 - the court ruled that the question of admissibility of the document was to be decided before the same were exhibited and received in evidence and if the admissibility of documents subject to the objection by the defense had been left undecided by the trial court - it must be decided prior to the final arguments were heard in the matter. - n.g. nandi, j. (1) $the petitioner/accused in this petition under section 482 of the criminal procedure code pray for a direction to the trial court to decide the question regarding the admissibility of the documents as per application of the accused dated 29th march, 1995 in sessions case no. 54 of 1994, annexure 'a', since vide order dated 8th may, 1995, the annexure 'a', since vide order dated 8th may, 1995, the learned trial judge ordered that the application by the accused dated 29th march, 1995 would be considered along with the final arguments. perusal of the application suggests that the accused prayed for deciding the admissibility of the documents before the final arguments heard in the matter. (2) it is stated by counsel for petitioner/accused that the documents referred to in the application dated 29th march, 1995 have been exhibited subject to the objections raised by the defense during the trial. learned counsel for the respondent states that there cannot be any objection for deciding the question of admissibility of the documents before the matter is finally decided. it need hardly be said that the admissibility of the documents produced in evidence has to be decided when the documents are tendered in evidence and they are received in evidence by giving the exhibit. in the instant case, the question of the admissibility of the documents has been left undecided by the learned trial judge and received the same in evidence by giving the exhibits, at suggested from the order dated 8th may, 1995. (3) least any prejudice is caused to the defense, the question of the admissibility of the documents tendered and received in evidence needs to be decided before the matter is finally decided one way or the other so that the accused may know his position as regards the documents tendered/admitted in evidence in law, the question of admissibility of the documents sought to have been decided before the same were given exhibits and received in evidence. in the result, the petition is allowed. the order dated 8th may, 1995 is set asides. the learned trail judge is directed to first decide the question of admissibility of the documents in accordance with law, as prayed by the defense in the application dated 29th march, 1995, which documents have been exhibited subject to objection by the defense in the course of the trial. --- *** --- (4) the petition stands disposed of.,dasti to both the parties.