Ashok and Ors. v. State - (High Court of Delhi) (19 Aug 2015)

Delay in formal confirmation does not result in crucial evidence being disregarded

MANU/DE/2313/2015

Criminal

Where the trial court had excluded casette tapes of voice recordings of kidnappers for not having been authorised by the appropriate authority, the High Court found otherwise. It noted that the investigation of kidnapping was an 'emergent' case and the tapes were authorised by the appropriate authority. Even if authorisation was granted later, it only provided legitimacy to the tapes. The Court reiterated the settled position of the law that even illegally obtained evidence may be admissible.

Relevant : Savita alias Babbal vs. State of Delhi MANU/DE/2286/2011 R.M. Malkani V. State of Maharashtra MANU/SC/0204/1972 Pooran Mal v. Director of Inspection (Investigation) MANU/SC/0055/1973

Tags : CRIMINAL PHONE TAP AUTHORISATION DELAY