Criminal Writ Petition challenging an order allowing secondary evidence. Directs trial court to verify original RPAD acknowledgements before retaining photocopies as secondary evidence under Section 54 Evidence Act.
Writ petition disposed directing trial court to verify original acknowledgements before accepting photocopies as secondary evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
520WP2383_2019..doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2382 OF 2019
Anil D. Modi … Petitioner vs. State of Maharashtra & Anr. … Respondents
Mr. Manish Bohra a/w. Ujjwal Gandhi i/b. A.S. Khan & Associates, Advocate for the petitioner. Mr. N.B. Patil, APP for the respondent/State. Mr. Sundar Mendon, SPP for respondent no. 2.
CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 26th April, 2019
P.C. :
In this Criminal Writ Petition, the order dated 10th April, 2019
below Exhibit 54 in SEBI Special Case No. 298 of 2014 is to be quashed and set aside.
1 of 3
520WP2383_2019..doc
2 of 3
520WP2383_2019..doc
64 will remain by way of secondary evidence.
(MRIDULA BHATKAR, J.)
3 of 3
1 issue framed by the court
Whether secondary evidence of exhibits 60, 62 and 64 is admissible without laying proper foundation under Section 65A when originals are in accused custody.
2 provisions across 1 enactments
Anil D. Modi
State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
