IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43871 of 2009 1. NARYAN CHOWDHARY S/O LATE LAXMI NARYAN CHOWDHARY R/O VILL- SHUGAUNA, P.S. RAJNAGAR, DISTT. MADHUBANI, REVENUE COLLECTOR, HALKA-2, BUXAR, BLOCK- BUXAR Versus 1. THE STATE OF BIHAR THROUGH VIGILANCE ----------- 2 23.12.2009 This application has been filed for quashing the order dated 26.11.2009 passed by Special Judge Vigilance Trap, Patna in Special Case No. 26 of 2008 arising out of Vigilance P.S. Case No. 38 of 2008 by which the Court below has rejected the application of the petitioner to supply certain documents. F.S.L. Report There is no F.S.L. report on the record therefore, there is no question of supply of that report to the petitioner. If in future the F.S.L. report is received, the petitioner is entitled to go through the same and he will also be entitled to cross examine any witness on this aspect of the matter. Statements under Section 161 of the Cr.P.C. Learned counsel for the petitioner submits that he was supplied a few pages of the case diary while he was in custody. I see no difficulty for the prosecution to give a photo copy of the statements under Section 161 Cr.P.C. at the cost of the petitioner. I thus allow the prayer of the petitioner. Yellow Paper A defence has been taken on behalf of the Vigilance Department that they would not supply the yellow paper to the petitioner as it is prohibited under Clause 6.73 at page 146 of Bihar 2 Government Secretariat Anudesh, 1952 (amended edition). In this day when all records are available under the Right to Information, I do not see how the prosecution can withhold what is known as a ‘yellow paper’ and not supply it to the petitioner. I may explain that yellow paper is a letter by which a team is constituted for conducting the trap. Learned counsel for the petitioner submits that this paper needs to be supplied to him and he would be highly prejudiced if it is not, because according to the petitioner the persons who were not part of the trap team have been called to depose in the trial. Besides this petitioner has annexed annexure-4 series in which the Vigilance Department has supplied the so called yellow paper in about ten cases. I therefore, find no difficulty in allowing this prayer of the petitioner. In the result this application is allowed to the extent mentioned aforesaid. Sanjay (Sheema Ali Khan, J.)