A magistrate court on Thursday rejected the Central Bureau of Investigation’s (CBI) application seeking a direction to the state government to hand over documents and digital devices seized by the cyber cell of the Mumbai Police as part of the latter’s probe in connection with the phone tapping by former Commissioner of Intelligence Rashmi Shukla and a ‘leaked’ report into a politician – police nexus in transfers and postings.
The agency had sought before the Chief Metropolitan Magistrate’s court in Esplanade, a handover of pen drives and computers among other digital devices seized by the state police. It did so under Sec 91 of the CrPC which empowers a court to direct production of a document or thing if it is required for any probe or trial.
Appearing for the police’s cyber cell, Special Public Prosecutor Ajay Misar had argued against the handing over of these. He said they are articles seized in a cyber crime offence and have been sent to the Forensic Science Lab, Kalina and hence that they cannot be called back as they will hamper a crucial part of the probe.
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