The Public Prosecutor vs Damera Venkata Narasayya on 8 November, 1956
8. The learned Counsel for the respondent argued that the privilege under Section 123 has not been properly claimed here because the affidavit was filed only by the Registrar of Co-operative Societies and not by the Secretary to the Government in the Department of Co-operation. He relied on the English decisions already cited, according to which the claim has to be made in the form of an affidavit either by the Minister or by the Secretary of State in charge of the department concerned. But as pointed out by Rajagopala Ayyangar, J., in State of Madras v. S. A. Baffakki , the English decisions are based on Common Law, in the absence of any statutory provision similar to Section 123 of the Indian Evidence Act.