Sealed envelopes stored in Ahlmad rooms, flooded with files, the seals do get damaged : Requires no Forensic analysis

Delhi High Court Rejects Petition for Forensic Analysis of Sealed Documents. Court dismisses application citing lack of concrete evidence of tampering, imposes cost on petitioner for frivolous litigation.

In a significant ruling, the Delhi High Court dismissed a petition filed by Rahul Tyagi seeking forensic analysis of documents sealed in a court proceeding, citing the absence of substantial evidence pointing to tampering. The judgment, delivered by Justice Girish Kathpalia, underscored the importance of concrete evidence over mere apprehensions in judicial processes.

The case, titled "Rahul Tyagi v. Kamlesh," revolved around Tyagi's application under Section 45 of the Indian Evidence Act, 1872. Tyagi had expressed apprehensions that the documents, which included a Will, General Power of Attorney, and a Possession Letter, had been tampered with, as the seal on the envelope was found broken during a court session. However, an administrative inquiry by the trial court revealed no evidence of tampering, noting that the plastic tape on the envelope was intact and the cracks in the seal could result from the bulk storage of files.

Justice Kathpalia, upon reviewing the circumstances, ruled that the petitioner's claims were speculative at best. The court emphasized that the mere suspicion of tampering, without substantive proof, does not warrant forensic examination, as it would unnecessarily prolong the suit. The court also noted that the photocopies of the documents matched the originals, affirming their integrity.

Furthermore, the High Court dismissed the petition under Article 227 of the Constitution of India, finding no fault or perversity in the trial court's order. The court imposed a cost of Rs.10,000 on the petitioner for filing what was deemed a frivolous petition, directing the amount to be deposited with the Delhi High Court Legal Services Committee within a week.

This judgment reinforces the judiciary's stance on preventing the misuse of court resources and ensuring that legal processes are not hindered by baseless claims. The Delhi High Court's decision serves as a reminder of the critical role of evidence in legal proceedings, especially when allegations of tampering are involved.

Bottom Line:

Application under Section 45 of the Indian Evidence Act for forensic analysis of sealed documents dismissed due to lack of concrete evidence of tampering and mere apprehensions.

Statutory provision(s): Indian Evidence Act, 1872 Section 45, Constitution of India, 1950 Article 227

Rahul Tyagi v. Kamlesh, (Delhi) : Law Finder Doc Id # 2807652