2026 (3) TMI 1029

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....for R-2. JUDGMENT PER NEENA BANSAL KRISHNA, J. 1. The present batch of five Petitions has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), to set aside the common impugned Order dated 24.10.2019 passed by the Ld. Additional Chief Metropolitan Magistrate (ACMM), Tis Hazari Courts, Delhi whereby the Applications filed by the Petitioner, Sh. Avininder Singh Puri seeking the production of original relied-upon documents and the grant of inspection thereof in Complaint Case Nos. 530364/2016, 532090/2016, 532094/2016, 530365/2016, and 532092/2016, was dismissed. 2. Briefly stated, the Income Tax Department/Respondent No. 2 filed multiple Complaints against the Petitioner alleg....

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.... the impugned order on the grounds that the documents relied upon are foreign public documents. Under Section 78(6) of the Indian Evidence Act, 1872, and Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, such documents must be authenticated by the Indian Diplomatic Agent or High Commission, in the respective country. 9. Unauthenticated photocopies have no evidentiary value, as has been held in Jain Engineering Co. vs. Enforcement Directorate, 2014 SCC OnLine Del 1118 that foreign documents must be authenticated. 10. The absence of original, authenticated documents at the pre-charge evidence stage, prejudices the Petitioner's ability to effectively cross-examine witnesses and defend himself. The presumption ....

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....ed, were mere photocopies of foreign documents, lacking the necessary authentication/attestation required by law. It was asserted that Section 78(6) Indian Evidence Act mandates that public documents of any other class in a foreign country, must be proved by the original or a certified copy which bears a Certificate under the seal of a Notary Public or an Indian diplomatic Agent/officer. 17. The Counter Affidavit reveals that the Respondent/Complainant moved an Application under Section 91 read with Section 311 Cr.P.C. before the Trial Court to place the original/authenticated documents on record. The Ld. Trial Court, vide Order dated 05.12.2024, has allowed this Application. 18. Since the Complainant has now produced these documents ....