Accused's right to access relevant documents to build up their defense from the inception after charges are framed.

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 contends that in fact, CIA staff of Punjab Police had abducted the petitioner on 09.10.2021 at around 8 PM, from near his house in Delhi, when he left the house to meet his friend Sunil Kumar. His mobile phone was turned switched off after 15-20 minutes. His brother had tried to contact him several times and ultimately, his brother lodged a missing report. Ld. Counsel contends that petitioner applied to the Court concerned for directing the concerned nodal officer of Bharti Airtel Limited to produce call details of both incoming and outgoing besides the location of the petitioner for the period of 09.10.2021 to 11.10.2021 in respect of his mobile No.85271-30528, but that application has been rejected by the trial Court vide impugned order dated 02.09.2022 by observing that petitioner had failed to show any ownership documents pertaining to the mobile in question.

4. Ld. counsel for the petitioner, while assailing the aforesaid order, drawn attention towards the loan closure letter dated 05.06.2022 (Annexure P-11) issued in the name of the petitioner by HDFC Bank, in which his mobile number 8527130528 is duly mentioned. Not only this, the same mobile number is mentioned in the passport application form (Annexure P12), which was submitted by the petitioner much earlier. Ld. counsel for the petitioner has relied upon decisions of this Court rendered in Gagandeep Singh @ Gagan Vs. State of Punjab, 2022(3) RCR (Criminal) 540 and Jaswinder Singh Vs. State of Punjab, 2021(3) Law Herald 2715 to support his contention to the effect that in the aforesaid circumstances, his application deserved to be allowed for preserving the tower location and call details of the mobile number of the petitioner so as to prove his defence.

5. Ld. State counsel has opposed the petition by justifying the impugned order.

6. I have considered submissions of both sides and have appraised the record.

7. Prosecution alleges the apprehension of the petitioner on 10.10.2021, whereas petitioner contends that he had been arrested on 09.10.2021 at about 8 PM. Prosecution alleges that petitioner had been arrested from main highway Rajpura, Sirhind within the limits of village Reona; whereas petitioner contends that he was abducted by the police from near his house at Delhi at about 8 PM on 09.10.2021. Petitioner specifically gave the mobile number belonging to him and requested for preserving tower location and call details record so as to fortify his defence.

8. In the case of Gagandeep Singh @ Gagan (Supra), similar issue was considered, though it was in respect of call details record and tower location of the mobiles of police officials. It was observed by this Court as under: -

“As far as the contention of learned State counsel to the effect that the said document i.e. call detail record and t