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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sanjiv Berry, J.
Chhinder Pal Singh - Appellant
Versus
State of Haryana – Respondent
C.R.R. No. 1294 of 2024
Decided On : 09-08-2024
Evidence - Mobile Tower Location - Indian Evidence Act Section 65A, 65B - The court emphasized the admissibility of electronic records as evidence, balancing the rights of the accused to access relevant data against the privacy rights of police officials.
Fact of the Case:
The petitioner was arrested for opium possession and sought to preserve mobile tower location records of police officials to contest the arrest's timing and location, which was dismissed by the trial court.
Finding of the Court:
The court found that preserving tower locations was essential for the petitioner's defense and did not pose a security risk to police officials, thus overturning the trial court's dismissal.
Issues: Whether the trial court erred in denying the preservation of mobile tower location records necessary for the petitioner's defense.
Ratio Decidendi: The right to access relevant electronic records for defense must be balanced with privacy rights, and the preservation of tower locations is crucial for establishing the truth in criminal trials.
Result: The impugned order was set aside, directing the preservation of mobile tower locations.
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 petitioner, hence the FIR No. 0401, dated 11.09.2023 under Section 17(c) of NDPS Act (Section 27A/29 NDPS added lateron) was registered at Police Station Sadar Sirsa, Tehsil and District Sirsa (Annexure P-1).
3. During the course of trial, petitioner moved an application for preserving call details record and location of mobile numbers of the officials (in total seven) detailed and described in the head note of application from the concerned mobile networking company. The prayer made in the said application was opposed by the prosecution and vide order dated 04.05.2024 learned Additional Sessions Judge, FTSC Sirsa dismissed the application.
4. Aggrieved by the same, petitioner has filed the present revision petition.
5. At the very outset, the learned counsel for the petitioner submits that the petitioner does not press the request for providing him the call details record and presses the petition only qua the tower locations as mentioned in the application (Annexure P-5).
6. It is inter alia contended by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. He submits that learned Additional Sessions Judge had grossly erred in not allowing the application for preservation of call details record and location of mobile numbers of the officials. He contends that a serious discrepancy is there regarding the place and time of his arrest by the investigating agency, which can only be corroborated from the tower location of the mobile phones of the investigating officer/arresting officer and thus, the same being relevant for the purpose of adjudication of the trial, is required to be preserved. In support of his contentions he had referred to the judgment of Hon’ble Supreme Court passed in “Suresh Kumar vs. Union of India” 2015 (3) RCR (Criminal) 340; and order of the Coordinate Bench of this Court passed Satnam @ Sattu vs. State of Haryana, Law Finder Doc Id#2464336. As such he prays for acceptance of the revision petition and setting-aside of the impugned order.
7. Per contra, learned State counsel has submitted that a detailed and reasoned order has been passed by the learned trial Court, warranting no interference by this Court. He submits that the relevant details whatsoever were given in the application relating to the date, time and place were not sufficient. He contends that supplying of call detail record to the petitioner will interfere in the security of the concerned police official and as such prayed for dismissal of the revision petition.
8. After hearing learned counsel for the parties and perusing the record, it transpires that in the present case, the petitioner has raised contentions that the police party had planted the recovery and also disputed the manner of his arrest and this aspect could b
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.
Court directs telecom providers to preserve mobile tower locations beyond standard period for verifying arrest location in NDPS defence.
The accused has the right to access relevant documents to build up their defense from the beginning of the trial.
The preservation of electronic records is essential for the defense in narcotic-related cases, affirming their admissibility under Indian Evidence Act provisions.
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.
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