Supreme Court Sets Out How an Accused Can Access CBI's 'Unrelied' Documents: Inspect First, Seek Production at Trial

In a CBI case before the Special Judge No. 1, CBI, Ranchi, the accused applied under Section 91 CrPC for ten categories of documents, including seizure memos, CBI registers, the source information report, all seized but unrelied documents, minutes of building committee meetings, videography and the appointment files of two architects not charge-sheeted (paras 2, 8). The application was allowed on 21.09.2019 (para 2). The CBI produced some documents, calling others confidential or unavailable (paras 3, 9). A further order of 18.07.2022 was affirmed in the impugned order, which the CBI challenged (para 3). Before the Supreme Court, the accused filed an affidavit that he was not seeking source information or case diaries (para 5).

The CBI relied on State of Orissa v. Debendra Nath Padhi, under which an accused's entitlement under Section 91 ordinarily arises only at the defence stage. The accused relied on Sarla Gupta v. Directorate of Enforcement, which read Padhi as confined to the 'record of the case' under Section 227, though it said copies of unrelied documents are ordinarily not available at the charge stage (paras 5-6). The Bench left this open. It proceeded on the premise that the accused is entitled to documents available with the prosecuting agency to shape the defence, holding that the stage depends on the specific documents sought (para 7). Seizure memos were produced; the request for CBI registers and source information was withdrawn (para 10). Voluminous unrelied documents may be inspected, and a specific document sought when the relevant witness is examined; alternatively, documents named at inspection in a writing signed by both sides must be produced before the Trial Court (para 11). Minutes of other meetings can be sought the same way; if the CBI lacks them, the accused may use the RTI Act or a defence witness (para 12). Documents the CBI does not have cannot be ordered produced (para 13).