In Brief
Tarun Tyagi was accused of stealing and misusing source code for data recovery software while employed by Unistel Systems. During investigation, CBI seized hard disks containing the disputed source code but refused to supply cloned copies to the accused, citing concerns about misuse. The Court held that under Section 207 of the Code of Criminal Procedure, the accused has a statutory right to receive copies of all documents relied upon by the prosecution for a fair trial. While acknowledging the prosecution's concerns, the Court allowed the appeal on condition that: (1) the disk contents be recorded and attested in court by both parties, and (2) the accused provide an affidavit undertaking not to misuse the source code. These safeguards adequately protect both the accused's defence rights and the prosecution's interests.
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