TMI Blog2009 (5) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... te to DNA testing of the articles recovered from the accused - as there is no such facility available in India. HELD THAT:- It is well settled that the accused has no right to be heard at the stage of investigation . The prosecution will however have to prove its case at the trial when the accused will have full opportunity to rebut/question the validity and authenticity of the prosecution case. In Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj v. State of A.P. [ 1999 (7) TMI 671 - SUPREME COURT] this Court observed, There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such direction is made. Casting of any such obligation on the court would only result in encumber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at view of the matter we are not inclined to interfere and it is for the court to decide whether the evidence is admissible or otherwise. The appeals are accordingly dismissed. - Dr. ARIJIT PASAYAT ASOK KUMAR GANGULY JJ. For Appellant (s) Mr. Gaurav Kejriwal, Adv. Ms. Sangeeta Kumar, Adv. Mr. Ashwani Garg,Adv. For Respondent(s) Ms. Meenakshi Arora, Adv. Mr. Ravindra Keshavrao Adsure, Adv. JUDGMENT Dr. ARIJIT PASAYAT, J. 1. Leave granted in both the Special Leave Petitions. 2. Challenge in these appeals is to the judgment of a Division Bench of the Bombay High Court. The appeal relating to Special Leave Petition (Crl.) No. 1880 of 2007 has been filed by Narender Goel who was not a party before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic investigation, material evidence would be lost to the prosecutor and therefore at his request office of a Chief Coroner of the Province of Ontario has written a letter to Commissioner of Police, Crawford Market, Mumbai that they are ready to assist the investigating team in their desired area and the office of the Chief Coroner for Ontario has performed a second autopsy of the deceased at the family s request and they have preserved genetic material of the deceased which can be used to make a genetic comparison to any samples that the Investigating Agencies in India wish to have tested. 4. The High Court after hearing noted that the reply reflects the concern on the part of the office of the Chief Coroner for Ontario; the deceased w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he matter; and 2 the application shall be for collecting the evidence and not for creating the evidence. (3) On such application being allowed, an appropriate request by way of letter of authority from competent court of law to the concerned court of law or authority where such evidence is available has to be made. 7. It is the stand of the appellants that in the instant case neither the application has been made by the prosecution nor any letter of request had been issued by competent court of law. Though the Court of Session at Sewree in Mumbai is seized of matter by avoiding the said court and by invoking writ jurisdiction of the Bombay High Court, consent order has been obtained between the family members of the dece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d bring to light with unerring certainty culpability of the concerned accused. 10. It is well settled that the accused has no right to be heard at the stage of investigation. The prosecution will however have to prove its case at the trial when the accused will have full opportunity to rebut/question the validity and authenticity of the prosecution case. In Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj v. State of A.P. [(1999) 5 SCC 740] this Court observed, There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such direction is made. Casting of any such obligation on the court would only result in encumbering the Court with the burden of searching for all the pote ..... X X X X Extracts X X X X X X X X Extracts X X X X
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