PANAJI: A fast track court in Panaji will hear arguments on August 1 on an application filed by the Goa police seeking a direction to Blackberry India to “open” the Blackberry cellphone of Tehelka founder-editor Tarun Tejpal to access data therein.

Police approached the court after the central forensic science laboratory, Hyderabad, opined that Tejpal’s cellphone could not be analyzed as it is protected with a passcode.

Special public prosecutor Francisco Tavora told TOI that the police application states that since the cellphone was returned by the laboratory without being analyzed it was not forwarded to the court along with the chargesheet. The duly-sealed cellphone has been kept at the police station in safe custody for the purpose of further investigation. “Blackberry India can open and access the data on the cellphone by bypassing the passcode, if ordered to do so,” the application states.Tejpal’s counsel also filed a reply to the application stating that the prosecution cannot seek the assistance of the court to investigate alleged offences and collect evidence as the collection of evidence is strictly the duty of the police, except if otherwise provided for, in the Criminal Procedure Code.

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