Mr.R.Chinnakannu vs The State

This petition is filed to call for the records and set aside the order passed by learned Special Court for Prevention of Corruption Act, at Chennai

in Crl.M.P.No.2639 of 2017, dated 28.12.2017 in C.C.No.80 of 2011 and also direct the learned Special Court for Prevention of Corruption

Act, at Chennai to call for the records relating to General Diary, Movement Register dated 08.06.2009 and 09.06.2009 respectively and Public

Entry Register dated 18.08.2009 and 28.08.2009 respectively, which is maintainable by the respondent police at Chennai.

The case of the petitioner is that the petitioner was while working as Motor Vehicle Inspector Grade-I in the office of Regional Transport

Office, Chennai on 02.06.2009, he demanded and accepted Rs.1,200/- as illegal gratification from one P.Kumar for allowing him to go free

without booking him for violating the Motor Vehicles Act. In the course of the trial, the accused/petitioner has sought for General Diary, Movement

Register dated 08.06.2009 and 09.06.2009 respectively and Public Entry Register dated 18.08.2009 and 28.08.2009 maintained by the

respondent police. The same was opposed by the State by filing counter. The Trial Court has dismissed the petition on the ground that the reason

given by the State for non-production of the documents sought by him are acceptable since those documents are not maintained by them and not

available with them at the distance point of time and that no purpose will be served by allowing the application, if at all adverse inference can be

drawn against the respondent.

The learned Additional Public Prosecutor would state that the documents sought for pertain to the year 2009. After lapse of 8 years, this

application has been filed for production of documents. In the counter, it has been specifically stated that the documents sought for by the accused

person were not handed over to the Investigating Officer, when he took charge and he is unable to ascertain the reason whether those documents

were destroyed or damaged due to calamity.

The learned counsel appearing for the petitioner would submit that the documents sought for are very vital for the defence. A vague answer is

given by the State that they were unable to ascertain the reason whether it was destroyed or damaged due to natural calamity or non-availability of

any records. Hence, the petition is filed under Section 91 of Cr.P.C.

The documents sought are very vital to prove the case of the defence and without those documents, even the Investigating Officer cannot

proceed with the deposition. For the said purpose, it is pertinent to read Section 91 of Criminal Procedure Code, which provides power to the

State or any officer who in-charge of the Police Station seeking production of any document or other thing is necessary or desirable for the

purposes of any investigation, inquiry, trial or other proceedings. The offences alleged to have taken place on 02.06.2009 has been taken on file

for trial in C.C.No.80 of 2011. The present petition seeking production of documents is filed very recently, after several years on serving copies to

the accused.

That apart, Public Entry Register and Movement Register, which are likely to be maintained by most of the offices cannot be expected to be

retained for years together, unless it is required for any specific purpose. These two registers are maintained on day to day basis just to regulate the

administration and one cannot expect for production of these documents after lapse of 8 years. In the counter, it is specifically stated that these

papers were not handed over to the subsequent Investigating Officer, who took up the investigation and he is not certain where it is available. Since

he has given some explanation for non-availability of certain documents, it cannot be construed as adversity answers.

Regarding the General Diary sought to be produced, it is not a document to be shared with the accused person. If the Court requires, it can call

for the General Diary for its perusal. When custodian of the document make out the case for non availability of the document on the ground of

efflux of time, destruction or missing, the Court has to consider the veracity of it and decide whether presumption has to be adversely taken against

non production of documents or not.

As rightly pointed out by the trial Court, it is for the Court, after trial to consider the evidence let in by the prosecution including non-production

of documents sought which would likely to help the defence. By now, the law is well settled and the pronouncement of judgments time and again

has indicated that seeking document under Section 91 of Criminal Procedure Code should be within reasonable time and if such request made

beyond reasonable time, even adverse inference could not be taken for nonproduction of documents. In this case, the trial Court has rightly

observed that at the time of trial, if necessary the non-production of documents will be taken note of.

Therefore, there is no reason to entertain this petition. The relevancy of the document sought for by the petitioner vis-a-vis non-production of the

same shall be weighed by the trial Court during the trial. Hence, this criminal original petition is dismissed. Consequently, Connected

Crl.M.P.No.1353 of 2018 is also dismissed.