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DINESH MEHTA
Lala Ram – Appellant
Versus
Union Of India, Through NCB, Jodhpur – Respondent
ORDER
1. The petitioner has approached this Court invoking inherent jurisdiction of this Court conferred by Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ’Code’) oppugning the order dated 07.05.2022 passed by Special Judge, Narcotic Drugs and Psychotropic Substances Act Cases, Bhinmal, District Jalore (hereinafter referred to as the ’trial Court’) whereby petitioner’s application dated 23.03.2022 under Section 91 of the Code has been rejected.
2. The petitioner is being tried for the offences under Sections 8/18, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ’Act of 1985’), on the accusation that contraband substances were recovered from petitioner’s possession.
3. During the course of trial, the petitioner moved above referred application dated 23.03.2022 and prayed that call locations and call details of two Constables namely Laxman Singh and Dinesh Kumar and ’Rojnamcha’ report of Police Station Bhinmal for the of 02.07.2021 be summoned.
4. The trial Court rejected petitioner’s aforesaid application inter alia observing that provisions of Section 91 of the Code are meant to further the cause
The practical difficulty of retrieving mobile tower location details after two years and its impact on the right of the accused to defend themselves adequately.
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.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
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 affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.
Accused's right to access relevant documents to build up their defense from the inception after charges are framed.
The admissibility of electronic records in criminal trials and the need to balance the right to summon relevant electronic records with the right to privacy of others.
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