In State of Karnataka vs. T. Naseer alias Nasir alias Thandiantavida Naseer alias Umarhazi alias Hazi & Others: 2023 SCC OnLine SC 1447 has held that the non-production of the 65B certificate of IEA on earlier occassion is a curable defect. The Para 10 of the said judgment is as follows:
“10. In State of Karnataka v. M.R. Hiremath, 2019(7) SCC 515, this Court after referring to the earlier judgment in Anwar’s case held that the non-production of the Certificate under Section 65B of the Act is a curable defect. Relevant paragraph 16 thereof is extracted below:
“16. The same view has been reiterated by a two-Judge Bench of this Court in Union of India v. Ravindra V. Desai, (2018) 16
SCC 273. The Court emphasised that non-production of a certificate under Section 65-B on an earlier occasion is a curable defect. The Court relied upon the earlier decision in Sonu v. State of Haryana, (2017) 8 SCC 570 in which it was held: „32. … The crucial test, as affirmed by this Court, is whether the defect could have been cured at the stage of marking the document. Applying this test to the present case, if an objection was taken to the CDRs being marked without a certificate, the court could have given the prosecution an opportunity to rectify the deficiency.‟
11. Coming to the issue as to the stage of production of the certificate under Section 65-B of the Act is concerned, this Court in Arjun Panditrao Khotkars case held that the certificate under 65-B of the Act can be produced at any stage if the trial is not over.”