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february 2009

Supreme Court of India · 2009-02-06

C.B.I vs Abu Salem Ansari & Anr

Citation / case number
AIRONLINE 2009 SC 102
Court
Supreme Court of India
Petitioner
C.B.I
Respondent
Abu Salem Ansari & Anr
Bench
P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court addressed the applicability of Section 299 of the Code of Criminal Procedure (Cr.P.C.) concerning the use of evidence recorded in the absence of an accused. The Court held that evidence from a previous trial could only be used against an absconding accused if the conditions of Section 299(1) Cr.P.C. are satisfied, specifically that the accused was absconding and there was no immediate prospect of arrest. The appeal by the CBI was disposed of, affirming the Designated Court's order allowing reliance on prior evidence subject to these conditions.

C.B.I vs Abu Salem Ansari & Anr · Niyam