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Defence lawyer argues for safe custody of DRDO scientist’s mobile phone forensic report
The said report can be kept in the safe custody of the court just like some statements in the chargesheet have been withheld from the accused and hence there will be no question of the accused tampering with the said report
PUNE Jailed Defence Research and Development Organisation (DRDO) scientist Pradeep Kurulkar’s defence counsel Advocate Rishikesh Ganu on Friday requested the court to keep the forensic report of 6T mobile phone in safe custody.
Ganu argued before the court that the prosecution can rely upon section 173 (8) of the Criminal Procedure Code CrPC if any new evidence comes to light after the report of the 6T mobile report is obtained. The said report can be kept in the safe custody of the court just like some statements in the chargesheet have been withheld from the accused and hence there will be no question of the accused tampering with the said report.
He relied upon several Supreme Court judgements on the point of law of bail during the arguments and concluded it.
Earlier, special public prosecutor Advocate Vijay Fargade opposed the bail application citing that Kurulkar’s 6 T mobile had been sent to Gujarat NFL for forensic analysis and the report was awaited. Once it arrives, some information may be revealed that will aid the investigation and hence the bail application be rejected.
Kurulkar was a high-ranking official of the DRDO and hence he could pressurise witnesses and being highly educated and expert in technology can tamper with the evidence. He has committed a serious offence which endangers the security and integrity of the nation and bail must be rejected. If enlarged on bail, the accused may contact Pakistani intelligence operative (PIO) again.
According to section 173 (8) of CrPC, the investigation is ongoing and a report of the 6T mobile was awaited, he told the court.
The former DRDO director was arrested by the Maharashtra anti-terrorism squad (ATS) for allegedly sharing sensitive information with a PIO in a suspected case of honey trap based on a complaint filed by the defence institute.
