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DEEPAK GUPTA
Prince – Appellant
Versus
State of Punjab – Respondent
DEEPAK GUPTA, J.
By way of this petition filed under Section 482 Cr.P.C., petitioner has prayed to quash order dated 02.09.2022 (Annexure P-10) passed by ld. Trial Court during proceedings of case FIR No.119 dated 09.10.2021 registered at Police Station Mulepur, district Fatehgarh Sahib under Sections 22(c), 29, 61 & 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [for short ‘the NDPS Act’], whereby application under Section 91 & 92 Cr.P.C., moved by the petitioner to preserve and produce the call details record of his mobile, was dismissed.
2. It is contended by ld. Counsel that as per prosecution version, 1000 contraband capsules and vials having different batch numbers were recovered from co-accused Sudhir Kumar on 09.10.2021, who in his disclosed statement suffered on 10.10.2021, nominated Sunil Kumar and petitioner (Prince) to be the suppliers and on that basis, Section 29 of the NDPS Act was added. Ld. Counsel contends that as per prosecution allegations, on 10.10.2021, police party apprehended the petitioner and Sunil Kumar from main highway Rajpura, Sirhind within the limits of village Reona and more contraband material was recovered from them.
3. Ld. counsel co
The main legal point established in the judgment is the admissibility of electronic records in criminal trials and the relevance of obtaining mobile tower location records to establish the location o....
The court ruled that requests for evidence must be substantiated and not based on mere assumptions, emphasizing the importance of privacy for police officials.
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The admissibility of electronic records in criminal trials and the need to balance the right to summon relevant electronic records with the right to privacy of others.
The court established that electronic records, including mobile tower locations, are admissible as evidence and essential for a fair trial.
The accused's right to summon relevant evidence for their defense, including electronic records, is recognized, and the legislative intent behind Section 91 Cr.P.C. is to ensure discovery of crucial ....
The practical difficulty of retrieving mobile tower location details after two years and its impact on the right of the accused to defend themselves adequately.
The accused has the right to access call detail record and tower location record to build up their defense from the early stages of the trial, as established in the precedent set by the Hon'ble Delhi....
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