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SURYA KANT, UJJAL BHUYAN
Tarun Sharma @ Vipul – Appellant
Versus
State Of Uttar Pradesh – Respondent
| Table of Content |
|---|
| 1. appellants' entitlement to preserve cdrs. (Para 2 , 3 , 4) |
| 2. state's argument on timing of preservation plea. (Para 5) |
| 3. consideration of cdr relevance and potential prejudice. (Para 6 , 7 , 8) |
| 4. court's directive on preservation of cdrs. (Para 9 , 10) |
| 5. evidence relevance determined by the trial court. (Para 11) |
ORDER :
1. Leave granted.
2. The short issue that arises for consideration in the instant appeal is whether the appellants, who are facing trial under Sections 302 , 147, 148, 149, 34 and 506 of the IPC, are entitled to seek preservation of the Call Data Records ('CDRs'), with tower location etc./CCTV footage, of the prosecution witnesses cited in the charge-sheet, for the period of 14.01.2023 to 20.01.2023.
3. The Trial Court as well as the High Court have turned down the appellants' prayer primarily on the ground that such a plea will be maintainable at the time when they will lead their defence evidence.
4. On the other hand, the case of the appellants is that as per the Rules framed by the Telecom Regulatory Authority of India ('TRAI'), the mobile companies are obligated to preserve the CDRs for a period of two years only, and since the relevant period is
Preservation of evidence must be relevant to ongoing issues in the case; requests that constitute a roving inquiry and invade privacy rights are not warranted.
Court directs telecom providers to preserve mobile tower locations beyond standard period for verifying arrest location in NDPS defence.
The accused has the right to access relevant documents to build up their defense from the beginning of the trial.
The accused has the right to access call detail record and tower location record to build up their defense from the early stages of the trial, as established in the precedent set by the Hon'ble Delhi....
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The preservation of exculpatory evidence is crucial for a fair trial in criminal proceedings.
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