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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ
Sanjiv Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Rajesh Bhardwaj, J.
Present revision petition has been filed by the petitioner impugning the order dated 08.05.2024 passed by learned Additional Sessions Judge, Ambala, vide which application filed by the petitioner under Section 91 Cr.P.C. was dismissed.
2. Precise submission made by learned counsel for the petitioner is that the petitioner has been falsely implicated in FIR No. 155 dated 04.04.2023, under Sections 20 and 29 of the NDPS Act , 1985. He submits that the petitioner filed an application under Section 91 Cr.P.C. for directing the Telecom Agencies through Investigating Officer to preserve the CDRs and tower locations of mobile numbers of raiding team, special officer in whose presence the alleged contraband was recovered and of the petitioner himself. He submits that the record pertaining to the HDFC Bank and NHAI CCTV footage were given up during the pendency of the said application. He submits that the petitioner is a taxi driver, who runs his own car in taxi to earn his livelihood, however, he has been falsely implicated by the Investigating Agency in collusion with the NCB Ambala. He submits that vehicle bearing registration No.HR-05-AK-2409 of the petitio
The necessity to preserve electronic evidence for establishing innocence can outweigh privacy concerns of investigative officials.
The court established that electronic records, including mobile tower locations, are admissible as evidence and essential for a fair trial.
The preservation and exposure of call detail records (CDRs) and location chart of the raiding party should be carefully considered to ensure the safety of the officers and their informers, and the de....
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....
Preserving electronic evidence is essential for ensuring a fair trial, allowing the accused to challenge the prosecution's case effectively.
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 right to a fair trial under Article 21 of the Constitution prevails over privacy concerns, necessitating the production of evidence under Section 91 Cr.P.C. for justice.
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 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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