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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Jagtar Singh S/o Chinder Singh – Appellant
Versus
State Of Rajasthan – Respondent
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 i
The court affirmed the necessity of preserving electronic evidence to ensure a fair trial and prevent miscarriage of justice.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
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 ensuring a fair trial, ruling that denying access to such evidence hinders the pursuit of truth.
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.
The accused has the right to access relevant documents to build up their defense from the beginning of the trial.
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The right to a fair trial under Article 21 of the Constitution prevails over privacy concerns, necessitating the production of evidence under Section 91 Cr.P.C. for justice.
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