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reason is self deleted which clearly means that the accused himself
was trying to tamper with the evidence and hence it is the clear proof
that accused had caused the disappearance of evidence and thus his
intention was malafide.
During the examination of the accused u/s 313 Criminal
Procedure Code the accused stated that truth will be revealed if this
court sees the Inspection Memo but the Inspection Memo was not
been exhibited and proved by prosecution but the defense put the
question to P.W. 17 without exhibiting or proving or relying the same
in primary form or in secondary form. The date in “Inspection Memo”
was not proved through P.W. 17 by defense by primary or secondary
evidence. P.W. 17 posted the date 19/7/2017 instead of 21/7/2017 in
the Inspection Memo but other circumstantial, direct evidence proves
that it was a bonafide mistake as there was search and seizure on
21/7/17. It was also proved that mat exhibit 8 was recovered from the
possession of the accused and seizure list was prepared and there
was nothing from the defense side that there was no seizure on
21/7/17.
Section 22 lays down that the contents of the documents can
be proved by the documents itself and not by oral evidence. The
contents of a document capable of being produced must be proved by
the instrument and not by parole evidence. Under the provisions of
the Evidence Act the contents of the documents are proved either by
primary evidence or by secondary evidence. According to Section 64,
the document must be proved by primary evidence, i.e., by producing
the document itself. In absence of primary evidence it can be proved
by secondary evidence under section 65 of the Indian Evidence Act.
Section 22, accordingly, states that oral evidence as to the contents
of a document will be relevant only when the secondary evidence of
the document can be given under this section. In the present case the
obvious errors of writing wrong date in inspection memo (written
19/7/2017 instead of 21/7/2017) is only insignificant procedural
irregularity and is of no significance because with ample evidence the
fact of initiation of FIR and first seizure was proved to be on 21/7/2017
and not on 19/7/2017 and in this context this court relies the
judgment K.M. Ramajayam vs Inspector of Police Chennai 2016 Cr LJ
1542 (Mad) where it was held that “Procedural irregularity, even if
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