JUDGMENT

Index FACTUALBACKGROUND..........................................................................3 (i) CRL.M.C.1239/2018..........................................................................3 (ii) CRL.REV. P.498/2018.......................................................................4 (iii) CRL.REV.P.556/2018.......................................................................5 CONTENTIONSRAISED BEFORETHIS COURT...........................................7 ANALYSISAND FINDINGS.........................................................................8 SWARANA KANTA SHARMA, J.

1. The present batch of petitions have been filed assailing the orders passed by learned Additional Sessions Judge, Karkardooma Court, New Delhi, directing the investigating officers to procure Call Detail Records (CDRs) including tower-wise locations of all members of raiding party and of the respondents/accused persons.

FACTUAL BACKGROUND (i) CRL.M.C.1239/2018

2. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’), the petitioner seeks setting aside of order dated 04.12.2017 passed by learned ASJ-03, Shahadra District, Karkardooma Courts, Delhi in case arising out of FIR bearing no. 175/2021 registered at Crime Branch, Delhi for offence punishable under Section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter ‘NDPS Act’).

3. Brief facts of the case are that pursuant to receipt of information through a secret informer at Narcotics Cell, Crime Branch, a raiding team had been constituted and respondent/accused had been apprehended on 04.10.2017 with 200 grams of heroin. During investigation, the accused had disclosed the name of the supplier as Irfan, from whom he used to get the psychotropic substance, who was later declared proclaimed offender under Section 82 Cr.P.C.

Chargesheet was filed against the accused on 30.11.2017.

4. The learned ASJ, vide order dated 04.12.2017, directed the concerned investigating officer to procure the call detail records and location via mobile tower of all members of the raiding party, the secret informer, the investigating officer and the respondent/accused. The relevant portion of the impugned order is reproduced herein for reference:

“IO is directed to procure the call detail records and location via mobile tower of all the members of raiding team and also the secretinformer andhimself andalsothat ofaccused.

The service provider concerned is also directed to preserve the calldetailrecord,for thedate ofalleged offencei.e.,04.10.2017.”

(ii) CRL.REV. P.498/2018

5. By way of this revision petition filed under Section 397 read with Section 401 Cr.P.C., the petitioner seeks setting aside of order dated 06.04.2018 passed by the learned ASJ-03, Shahadra District, Karkardooma Courts, Delhi in case arising out of FIR bearing no. 212/2018, registered at Police Station Seemapuri for offences punishable under Sections 20/61/85 of NDPS Act.

6. Brief facts of the case are that the present FIR was registered on the complaint of one Sub-Inspector who had informed that when he alongwith two other constables had been patrolling in the night on 04.04.2018, they had observed the suspicious movements of the accused, after which, they had apprehended the accused who was carrying 7.70 kgs of ganja in a bag.

7. Thereafter, the learned ASJ vide order dated 06.04.2018, while remanding the respondent/accused to judicial custody, directed the investigating officer to procure the CDRs containing the tower-wise location of all the members of the raiding team and of the accused on the date of alleged incident. The relevant portion of the said order reads as under:

“2. IO has been asked to furnish the names and phone numbers of the members of the raiding party and of himself. He submits that heshall befurnishingthesame onthenextdate ofhearing.

3. Considering the lack of transparency in investigation of the NDPS matters, involving huge punishment, without there being any d