Accused's Right to Invoke Section 91 Cr.P.C. Arises at Defense Stage, Not During Charge Framing: Supreme Court

The Supreme Court of India, in a landmark judgment, clarified the legal boundaries regarding the invocation of Section 91 of the Criminal Procedure Code (Cr.P.C.) by an accused. The bench of Justices Bela M. Trivedi and Pankaj Mithal set aside the High Court of Rajasthan's order which directed immediate decisions on applications for summoning call details in criminal cases, specifically under the NDPS Act.

Legal Point: The legal crux of this judgment revolves around the appropriate stage at which an accused can invoke Section 91 of the Criminal Procedure Code (Cr.P.C.) to seek production of documents or other things necessary for the case. The State of Rajasthan challenged the High Court's order, arguing that the accused's right to invoke Section 91 typically arises at the defence stage and not during the charge framing stage.

Facts and Issues: Swarn Singh @ Baba, the respondent, facing trial under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), applied to summon the call details of the Seizure Officer and some police officials. The application was rejected by the Trial Court but later allowed by the High Court of Rajasthan, prompting the State to appeal to the Supreme Court.

Court's Assessment on Legal Points and Issues: Justice Trivedi, referring to the precedent in State of Orissa Vs. Debendra Nath Padhi (2005), noted that, “The necessity or desirability [of a document] is to be examined considering the stage when such a prayer for summoning and production is made.” The Court emphasized that the accused's entitlement to seek an order under Section 91 generally does not come until the stage of defence.

The Court also cited Nitya Dharmananda Vs. Gopal Sheelum Reddy (2018) to highlight the court's obligation to justice but maintained that Section 91 cannot be invoked by the accused at the charge framing stage.

Decision: The Supreme Court set aside the High Court's directive and allowed the criminal appeal of the State. It was clarified that the respondent-accused is at liberty to file the application at the appropriate stage, without the Court expressing any opinion on the merits of the case.

Date of Decision: 12th February 2024

State of Rajasthan Vs. Swarn Singh @ Baba