Case Note & Summary
The appeals were filed by the Central Bureau of Investigation (CBI) against an order of the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987, which allowed the respondent's application regarding the use of evidence collected before a specific date. The background involved a series of bomb blasts in Bombay on March 12, 1993, resulting in numerous casualties and extensive property damage, leading to multiple criminal cases. The CBI took over the investigation, and a charge-sheet was filed against several accused, including the respondent, who was declared a proclaimed offender after failing to appear in court. The Designated Court had previously ruled that evidence recorded before the respondent's declaration as a proclaimed offender could not be used against him unless he was allowed to cross-examine witnesses. The CBI challenged this ruling, arguing that the evidence was admissible. The Supreme Court noted that the Designated Court's order was interlocutory and could be reviewed, but emphasized the necessity of cross-examination for a fair trial. Ultimately, the Court upheld the Designated Court's decision, stating that the prosecution could not rely on evidence recorded in the absence of the accused without fulfilling the conditions set forth in the law. The appeals were dismissed, and the trial was directed to proceed in accordance with the established legal principles.
Headnote
A) Criminal Procedure - Admissibility of Evidence - Evidence recorded in absence of accused - Code of Criminal Procedure, 1973, Sections 273, 299 - The Designated Court held that evidence collected before the accused was declared a proclaimed offender could not be used without allowing cross-examination, emphasizing the right to a fair trial. Held that the prosecution must establish conditions under Section 299 for admissibility (Paras 4-6).
Issue of Consideration
Whether the prosecution could rely on evidence recorded in the absence of the accused without allowing cross-examination.
Final Decision
The Supreme Court dismissed the appeals, upholding the Designated Court's order that the prosecution could not rely on evidence recorded in the absence of the accused without allowing cross-examination.
Law Points
- Admissibility of evidence
- Right to cross-examine
- Proclaimed offender
- Interlocutory orders
- Review of orders under Cr.P.C.
