AIROnline 2025 SC 858

(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.20(b)(ii)(c), S.8(c)— Evidence Act (1 of 1872) , S.3— Criminal P.C. (2 of 1974) , S.386— Illegal possession of contraband – Direction for retrial with judicial remand – Challenge against – Being an electronic record, CD becomes an admissible piece of evidence once the requirement of Section 65B is fulfilled – Law does not provide that contents of video would become admissible only if reduced to a transcript in words of a witness who created video or was noticed in video – Author of video not only deposed that he had recorded a video, but also gave a certificate under S. 65B(4) of Evidence Act – Observation of High Court that video would become relevant only if it was played during deposition of each witness so that witness could explain its contents in his own words resulting in a transcript of video, was erroneous – Moreover, video was only to corroborate oral testimonies regarding search and seizure operation – Even trial Court recorded that video was played in Court in presence of all accused , Counsels and Presiding Officer who could spot and confirm presence of witnesses as well as accused at time of search and seizure – Re-trial was not required only to understand video – Said reason assigned by High Court for ordering a re-trial was baseless.
Evidence Act (1 of 1872) , S.65B(4)— AIROnline 2024 Bom 2335-Reverse….