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2024 Supreme(J&K) 422

IN HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Sanjeev Kumar
Amit Kumar son of Ram Kumar – Appellant
Versus
UT of Jammu and Kashmir Th. SHO Police Station – Respondent


Advocates Appeared:
For the Petitioner:Ms Zainab Shamas Watali Advocate
For the Respondent: Mr. Pawan Dev Singh Dy.AG

JUDGMENT :

Sanjeev Kumar, J.

1. The petitioner is facing criminal trial in FIR No. 14/22 registered under Sections 8 /20/29 of NDPS Act in the Court of learned Second Additional Sessions Judge, Jammu [‘trial Court’]. The matter is yet to be taken up by the trial Court for framing of charge.

2. With a view to contest framing of charge, an application under Section 91 Cr.PC came to be filed by the petitioner before the trial Court to call for the Tower location (CDR) of Airtel Mobile No. 9034909052 and Jio Mobile No. 8708236962 belonging to the petitioner and also the Tower Location (CDR) of two mobile numbers of co-accused, namely Ombir. A request was also made to call for the record of toll tax paid through the Fastag affixed to the Hyundai Creta car of the petitioner bearing Registration No. HR29AV-3483 at Ban Toll Plaza, Nagrota on 14.10.2022 along with CCTV footage of 14.10.2022. The application was filed on the ground that the petitioner and co-accused are suffering incarceration for the last more than ten months for no fault of their. The petitioner is a business man who deals in sale and purchase of apples and in connection thereof, he along with his friend were coming back fro

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