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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
Savitri Devi D/o Late Bacchana Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present petition is filed by the petitioner who is mother of the accused, seeks a series of directions under the provisions of Article 226 of the Constitution of India, to address various grievances regarding the criminal proceedings initiated against her son under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The petition raises serious concerns about the false implication of the petitioner’s son and the failure of the respondents to preserve crucial evidence, including the CCTV footage from Hindore Toll Plaza, which the petitioner claims is pivotal to his defense.
2. The petitioner seeks the following reliefs through the instant writ petition:
a. By an appropriate writ, order or direction respondents may kindly be directed to procure CCTV footage of the Hindor Toll Plaza dated 20.12.2022 from 8:45 am to 1:00 p.m.
b. By an appropriate writ, order or direction the present petitioner's son may kindly be discharged from the NDPS charges leveled against him.
c. By an appropriate writ, order or direction criminal proceedings initiated against the present petitioner may kindly be drooped.
d. By an appropriate writ, order or direction present petitioner's son
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....
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