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KULDEEP MATHUR
Balwinder Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Kuldeep Mathur, J. - By way of filing the present criminal misc. petition under Section 482 Cr.P.C., the petitioners have prayed for the following relief:
2. Briefly stated the facts of the case are that the petitioner is facing trial under Section 8/21, 25 of the NDPS Act, 1985.
3. Learned counsel for the petitioner submitted that the petitioner had moved an application under Section 91 Cr.P.C. dated 17.5.2023 before the competent criminal court and prayed that the call details and location of SHO - Bhajan Lal, Sarjeet Singh, Shailendra Kumar, Mahmood Ali, Vishnu Dutt, Prem Kumar and Vinod Kumar Chhipa for 11.8.2022 from 3 PM to 2 AM alongwith CCTV footages of PS Goluwala dated 11.8.2022 for 3 PM to 6 PM be summoned.
4. The competent criminal court vide order dated 1.11.2023 rejected the petitioner's application holding
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.
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.
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
The duty of the court to collect evidence for the defense and the necessity of summoning call details for establishing innocence and ensuring fair trial.
The court established that under Section 91 Cr.P.C., the accused has the right to summon evidence essential for their defense, reinforcing the principle of a fair trial.
Accused can summon CDRs to establish innocence, preservation of CDRs for scrutiny, admissibility of electronic records subject to Evidence Act provisions
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