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SANJIV BERRY
Chhinder Pal Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sanjiv Berry, J.
Instant Revision Petition has been preferred against the impugned order dated 04.05.2024 passed by learned Additional Sessions Judge, FTSC, Sirsa, whereby the application moved by the petitioner for preserving call details record and location of the mobile numbers of the officials from the concerned mobile networking company has been dismissed.
2. Brief facts of the present case put forth by the prosecution are that a secret information was received by police that Chhinderpal alias Kewal and Yadvinder Singh, doing business of selling opium, and are standing on Malekan to Malwani Road in front of their Dhani at Malwani road, and if raid is conducted immediately, they can be apprehended with opium. Finding the information reliable, police constituted a raiding party and left for Malwani Road Malekan, where they saw two person standing there and each of them having black coloured polythene bag in their hands. On seeing police party both of them started walking in fast speed, they were apprehended and on their personal search was carried out and recovery of 5kg 500 grams of opium was effected from Yadwinder Singh and 5kg of opium was effected from the petitione
The court established that electronic records, including mobile tower locations, are admissible as evidence and essential for a fair trial.
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 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....
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The accused has the right to access relevant documents to build up their defense from the beginning of the trial.
The court affirmed the necessity of preserving electronic records to ensure a fair trial, balancing privacy rights against the accused's right to access evidence.
The court ruled that requests for evidence must be substantiated and not based on mere assumptions, emphasizing the importance of privacy for police officials.
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
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