The court affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.

ORDER :

Farjand Ali, J.

1. The instant Criminal Misc Petition has been filed under Section 482 of the Cr.P.C. against the order dated 15.05.2023 passed by the learned Additional District & Sessions Judge, Churu, in Session Case No. 01/2023 (State v. Jagtar Singh & Ors.), whereby the petitioners’ application seeking the production of call details of the recovered mobile phones and the location of police officials at the time of seizure was erroneously dismissed.

2. The gist of the present case is that the petitioners, aggrieved by an order dated 15.05.2023 passed by the learned Additional District & Sessions Judge, Churu, whereby the learned Judge dismissed their application for the production of call details, had respectfully submitted that they had been implicated as an accused in a criminal case under Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The petitioners had contended before the trial court that the charge-sheet had been submitted on the basis of false and fabricated evidence and that the investigation had been deficient, particularly regarding non-examination of call records from the recovered mobile phones and the absence of any investigation into the whereabouts of the police officials at the time of the alleged seizure. However, the learned trial Court had dismissed the application without due consideration of these pertinent facts and applicable legal principles.

3. The petitioners contended that the trial Court had erroneously dismissed their application for the production of call details, thereby prejudicing their fundamental right to a fair trial. They argued that the non-consideration of call records had resulted into miscarriage of justice, particularly in light of directions issued by the Coordinate Bench of this Court in S.B. Criminal Misc. Petition No. 273/2020 (Swarn Singh @ Baba Vs. State of Rajasthan decided on 18.02.2020), which emphasized the expeditious disposal of such applications to prevent the loss of crucial evidence. The petitioner further contended that denial of access to call details and police officer locations had severely hampered their ability to effectively cross-examine witnesses and challenge the prosecution's evidence, thus violating their right to confront witnesses and present a robust defence. Furthermore, the petitioner argued that the trial Court had failed to appreciate the evidentiary value of the information, which was crucial for establishing the truth and ensuring a just determination of the case, contravening the principles of natural justice and the mandate to provide a level playing field to both the prosecution and the defense

4. Heard the learned counsel for the parties and perused the material available on record.

5. This Court has made 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 and truth must come out, then the defence must be given an opportunity because not giving an opportunity would mean denying them to counter the charges or to defend themselves as well as closing the door of justice for truth to enter in.

12. It is true that after commencement of the trial, the opportunity is being given to the prosecution to lead or adduce evidence in support of charges, whereafter an explanation under Section 313 of Cr.P.C. will be sought from the accused and then the stage of entering into defence under Section 233 of Cr.P.C. would come. It is also true that until the stage of taking the e