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BELA M. TRIVEDI, PANKAJ MITHAL
State of Rajasthan – Appellant
Versus
Swarn Singh @ Baba – Respondent
ORDER :
1. Leave granted.
2. Heard learned counsel for the parties.
3. The present appeal arises out of the impugned order dated 18.02.2020 passed by the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Misc. (Pet.) No.273 of 2020, whereby the High Court while allowing the said petition has directed all Courts in the State of Rajasthan that whenever an application is moved to summon the Call-details by the accused during the criminal proceedings, the same shall not be deferred and will be decided forthwith.
4. In the instant case, the respondent-accused is facing the trial before the Additional Sessions Judge, Sri Karanpur District Sri Ganganagar in Sessions Case No.18/2019 for the offences under Sections 8/18, 25 and 29 of the NDPS Act. The respondent-accused had filed an application before the Trial Court for summoning of the call details of the Seizure Officer and some other police officials for the date of seizure, i.e., 15.02.2019.
5. The said application was rejected by the Trial Court vide the order dated 03.01.2020, against which the respondent had filed the Miscellaneous Petition, which has been allowed by the High Court vide the impugned order.
The accused's right to invoke Section 91 Cr.P.C. is limited to the defense stage, not at the charge framing stage.
The main legal point established is the importance of allowing applications under Section 91 of the Code to obtain vital evidence and ensure the cause of justice.
Point of law: Quash of order - it is not upon accused to disprove their case or to show who the guilty is, and the entire Durden of proving the guilt of accused beyond reasonable doubt would be sole....
The accused cannot invoke Section 91 of the Cr.P.C. at the charge framing stage, as the necessity of documents for defense is not relevant at that point.
The summoning of documents under Section 91 of Cr.P.C. can be done at any stage of the trial and is not limited to the defense stage.
The accused cannot invoke Section 91 during the investigation, but the court or any stakeholder can invoke it at any stage of the proceedings.
Recovery of contraband - Electronic evidence - Call records - Under Section 65A, contents of electronic records can be proved in accordance with the provisions of Section 65B which provides for the m....
The court ruled that telecom operators must maintain call records for two years, allowing the accused to access evidence through the court under Section 91 Cr.P.C.
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