Shah, J. -
(1.)Short question is - whether prosecution can produce additional documents which are gathered during investigation, after submitting charge-sheet under S. 173 of the Code of Criminal Procedure, 1973
(2.)The Special Court (Trial of Offences Relating to Transactions in Securities) at Bombay by judgment and order dated 26th July, 2000, rejected Miscellaneous Application No. 338 of 2000 in Special Case No. 3 of 1997 filed by the Central Bureau of Investigation (CBI) for production of additional documents in a case where application for discharging the respondent was filed. Aggrieved by the said judgment, the CBI has preferred this appeal.
(3.)The prosecution story in brief is that - during the period 2-4-1992 to 20-5-1992, the FIM Division, Mumbai of Syndicate Bank received funds aggregating to Rs. 132.23 crores for Portfolio Management from Oil Industries Development Board, New Delhi. It was alleged that R. Sundaresan, the then Divisional Manager of the Bank and other bank officials conspired during the above said period at Mumbai along with Directors and office-bearers of M/s. Fair Growth Investments Ltd. and M/s. Fair Growth Financial Services Ltd. and by dishonestly and fraudulently abusing their position as a public servant caused wrongful gain to private parties and corresponding loss to the Syndicate Bank. It is also alleged that an amount of Rs. 90.58 crores was invested for the purpose of shares/debentures from M/s. Fair Growth Financial Services Ltd. and others without specific authorization from the Head Office of the Bank and without adhering to the guidelines of Reserve Bank of India (RBI) and the SEBI. On 2-6-1993, on the written complaint of the Chief Vigilance Officer of the Bank, case No. RC 1 (BSC)/93-Mum. was registered under S. 120-B read with S. 420, I.P.C. and S. 13(2) read with S. 13(1)(d) of Prevention of Corruption Act, 1988 against B. Sundaresan, Divisional Manager of Syndicate Bank and K. R. N. Shenoy, Managing Director of M/s. Fair Growth Investments Ltd. After investigation, charge-sheet was filed by the CBI in the Special Court in Special Case No. 3/97 at Bombay against respondents Nos. 1 and 2. On 27-1-2000, respondents Nos. 1 and 2 filed discharge application bearing Misc. Application No. 51 of 2000 and Misc. Application No. 168 of 2000 before the Special Court. Pending hearing those applications, appellant sought production of additional documents, which were gathered during investigation but were not produced before the Court. That application was rejected. Hence, this appeal.