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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Prabhu Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. The petitioner preferred the instant Misc. Petition for setting aside of the order dated 05.02.2025, passed by the learned NDPS Act cases, Sirohi in FIR No. 9/2025 of Police Station PALDI-M.
2. The Petitioner happens to be an accused of a prosecution under NDPS Act. On 29-01-2025, he moved an application under Section 94 of the BNSS with a prayer to preserve evidence, the description of which is given as 11 items in Para No. 3 in the application above.
2.1. The issue involved in this case is now no more as res-integra in light of the judgment passed after an elaborate discussion with regard to the controversy involved in the case of Chotha Ram & Anr. Vs. State of Rajasthan passed in SBCRLMP No.3672/2023 decided on 04.03.2023. The relevant paragraphs are being reproduced hereunder:-
“11. This Court feels that if for the purpose of reserving and saving the right of the accused and for the sake of justice, if a prayer is made to summon the electronic evidence so as to elicit the truth behind the story, then such prayer ought not to have been declined. When the assertion is made that what is wrong may be proved to be wrong and vice-versa in the end so that the oil
Preserving vital evidence is essential for justice, allowing the accused to summon evidence crucial for their defense even before trial.
The court emphasized the fundamental right to defend oneself and the necessity of preserving evidence for a fair trial, allowing the summoning of call data records and related documents.
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming that denying such evidence undermines the right to defend oneself.
The court emphasized the necessity of preserving electronic evidence for a fair trial, affirming the fundamental right to defend oneself and the prosecution's burden to prove its case beyond reasonab....
The court emphasized the necessity of preserving electronic evidence for ensuring a fair trial, ruling that denying access to such evidence hinders the pursuit of truth.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
The court affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
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 preservation of exculpatory evidence is crucial for a fair trial in criminal proceedings.
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