Paras Mal Jain vs State Of Rajasthan And Ors. on 30 January, 2002
"18. Though the ratio of Anvar P.V. supra, to me,
appears to require the certificate/affidavit under
Section 65-B of the Evidence Act to accompany the
electronic record when produced in the Court, and a
learned Single Judge of this Court also in Ankur
Chawla vs. Central Bureau of Investigation opining
so acquitted the petitioner/accused therein (though the
SLP is pending in the Supreme Court) but a Single
Judge of the High Court of Rajasthan in Paras Jain
Vs. State of Rajasthan did not agree with the judgment
of this Court in Ankur Chawla supra observing that
"when legal position is that additional evidence, oral
or documentary, can be produced during the course of
trial if in the opinion of the Court production of it is
essential for the proper disposal of the case, how it can
be held that the certificate as required under Section
65-B of the Evidence Act cannot be produced
subsequently in any circumstances if the same was not
procured alongwith the electronic record and not
produced in the Court with the charge-sheet. In my
opinion it is only an irregularity not going to the root
of the matter and is curable".