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5. The short question that arises for determination is whether the Report of the Superintendent of Police C.B.C.I.D. required by the Department to be maintained be a summoned for the perusal of the accused ?

6. The Report of the S.P. C.B.I. is not a document required to be maintained under the Cr.P.C. The C.B.I. Manual (Crime) issued in 1982 placed before me shows that the Manual has been issued for providing guidelines for, the functioning of C.B.I, and its officers and would not supercede any law for statutory rules. Sec. 2 of the Manual deals with the investigation and Chapter X deals with Final Reports and S.P.'s Reports. Clauses 304 to 316 relate to the object of a Final Report, the form and the contents of the Final Report, while clauses 317 to 325 relate to the object of the S.P.'s Report its preparation, issues and contents and it use. As per clause 317 S.P.'s Report, giving the result of enquiries/investigation, are required to be sent to Ministries or other departmental authorities for getting sanction of prosecution, for filing a report or complaint against any person as required under Cr.P.C. or under Sec. 6 of the Import and Export Control Act, 1947, for taking Regular Departmental Action, for information and such action as may be considered appropriate by the Department and for information alone. Clause 319 provides that S.P.'s report should contain all useful and relevant information from Final Report, Information of a departmental nature which is of interest to DSPE Division Officers only, controversial, points on which different opinions might have been expressed by different officers of the DSPE Division, SPE being required to settle the differences, the pros and cons of the case, the explanations given and the defence plea advanced by the suspected or accused persons, how they could be rebutted and explained, allegations against each accused which would necessitate action/banning of business etc., the discussion of the evidence against each accused, either to establish a criminal or departmental misdemeanor and so on. Clause 321 requires the S.P.'s Report to be self-contained and the issues fully discussed, logically marshalling the arguments so to lead to convincing conclusions. Clause 322 requires S.P.'S Report to be classified as "Confidential", with a higher security, grading like secret and top secret, depending upon the contents of the Report, and privilege should be claimed for its production in Court. Finally clause 325 requires lapses and loopholes noticed in the course of an open enquiry by the CBI, which had facilitated the misconduct and malpractices to be mentioned, with suggestions for avoiding lapses and for plugging of the loopholes. An extract of this part of the S.P.'s Report had to be sent to the Policy Division of the CBI for follow up action.