secondary evidence u/s 65c
manoj
(Querist) 11 March 2011
This query is : Resolved
Hi all,
Im just looking for some judgment cited by any high court or supreme court in which the original document be destroyed or lost by the department & now the department cannot verify the photocopy which is on court record , the destruction certificate of the document is received and now it is confirmed that the document is destroyed , now can the photocopy be treated as secondary evidence u/s 65c evidence act ( please provide me any judgment with proper details )
thanks in advance
regards,
manoj
Raj Kumar Makkad
(Expert) 11 March 2011
No. Even if record is destroyed then also photocopy cannot be exhibited and thus no definite reliance can be put over such document. No such citation in your support is available with me.
Guest
(Expert) 12 March 2011
Only very recently, it is understood, in the Enforcement Department's case against Hasan Ali, Mr. Ali was granted bail with the reason that in the absence of original document, photocopy cannot be relied upon, as an evidence. is not that an example in this respect?
Anyway, even if we use our common sense, several different versions with entirely different facts can be made by a person out of a single photocopy by manipulations with the text and figures of the photocopy, if not compared with the original document for verification.
So, any photocopy cannot at all be relied upon in the absence of the original document.
