Power of magistrate

james (Querist) 29 August 2011 This query is : Resolved
Police seized computer hard discs related to a criminal case.Upon the request of the police these discs were sent to Expert for decoding.Expert filed report and discs in one sealed cover in the court office. On the next day accused filed application for certified copy.Magistrate opened the sealed cover without intimating bothsides and issued certified copy to the accused.Is the magistrate right in doing so?why?

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ajay sethi (Expert) 29 August 2011
1) the report was furnished in sealed cover
2) you made application to courtfro certified copy
3) merely because sealed cover was not opened in your presence does not mean that magistrate would have tampered with certified copy of report .

4) the report must have been signed by expert .

Guest (Expert) 29 August 2011
yes. he is acting under judicial capacity as per law. because the some body [accused] has applied for certified copies. So he is doing is right.

Raj Kumar Makkad (Expert) 29 August 2011
Yes. The magistrate is fully empowered to do so s he did in the given case.

prabhakar singh (Expert) 30 August 2011
Yeah! The magistrate was right in doing so for that.

M/s. Y-not legal services (Expert) 30 August 2011
Actually the expert report to the magistrate only. I mean he is the concern authority to do so. While being so why he have to inform you before open it.?

Advocate. Arunagiri (Expert) 30 August 2011
The expert report is a court document, so the parties to the case has every right to get certified copy.

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