Sameer Sandhir v. Central Bureau of Investigation

Criminal Appeal · 2025 INSC 776Decided 23 May 2025
Criminal Appeal Nos. 4718-4719 of 2024
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The appellant is one of several accused in a corruption case investigated by the CBI, involving intercepted telephone calls recorded on two Compact Discs (CDs). The CDs were seized in May 2013 and sent for forensic analysis, but were inadvertently not filed along with the chargesheet or the supplementary chargesheet, even though the forensic report on them was filed. Years later, after some prosecution witnesses had already testified, the CBI sought permission to formally place the CDs on record, which the appellant opposed as an impermissible attempt to fill a gap in the prosecution's case after the trial had begun.

Decision Breakdown

The Supreme Court relied on its own earlier three-judge and larger-bench precedents holding that if the prosecution has, by inadvertent mistake, failed to produce a document that was already referred to in the chargesheet, it may still be allowed to produce it later with the court's permission: this is different from introducing genuinely new material found through further investigation. Since the CDs were already referenced in the supplementary chargesheet and only their physical production had been omitted by mistake, the Court held the trial court and High Court were right to allow their belated production. However, it kept open the separate question of whether the CDs actually produced are authentically the same ones originally seized, leaving that to be tested during the trial.

Lesson Learnt

A court can permit the prosecution to correct an honest, inadvertent omission in producing evidence already disclosed in the chargesheet, but this does not shortcut the accused's right to challenge the authenticity and genuineness of that evidence during trial.

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