Back
VIVEK SINGH THAKUR
State of Himachal Pradesh – Appellant
Versus
Deepak Rai – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
2. By way of instant petition, petitioner-State has approached this Court, assailing order dated 05.08.2020, passed by Special Judge, Nalagarh, District Solan, H.P., in Crl.Misc. Application No.120-NL/4 of 2020, titled as Deepak Rai vs. State of H.P. & another, filed by accused Deepak Rai under Section 91 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’) in the trial pending adjudication in FIR No.230 of 2020 dated 23.07.2020 registered under Sections 18 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), in Police Station Nalagarh, Police District Baddi, H.P., for directing the office of Superintendent of Police (Leave Reserved) to preserve CCTV footages of locations mentioned in application and Call Detail Records (CDRs) alongwith locations of mobile phone numbers and to preserve CCTV footage of places, mentioned in the application for the period detailed in the application, and to produce the same in the Court.
3. I have heard learned Additional Advocate General as well as learned arguing counsel for the respondent and have also gone through impugned order as well as record pr
Section 91 Cr.P.C. empowers Court to ensure production of any document or other thing “necessary or desirable” for purpose of any investigation, inquiry, trial or other proceedings under Code by issu....
The power under Section 91 of the Code can be exercised before the delivery of judgment, but the Court may assess the relevance of the requested documents and materials during trial.
The accused cannot invoke Section 91 of the Cr.P.C. at the charge framing stage, as the necessity of documents for defense is not relevant at that point.
The main legal point established in the judgment is that accused persons are entitled to invoke Section 91 CrPC after the filing of the charge-sheet, and the trial Court has the jurisdiction to direc....
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 importance of Section 91 of Cr.P.C. in enabling the court to summon relevant documents or materials for a fair trial.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
