JUDGMENT

Dated this the 08th day of September, 2021 This Writ Petition is filed by the father of the 5th accused in crime No.10/2020 of Excise Enforcement and Anti Narcotic Special Squad, Thiruvananthapuram, registered for an offence punishable under Section 36A(1)(d) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act).

2. The reliefs sought in the writ petition are:

“i) Writ of mandamus or any appropriate writ or order directing the respondents 13 and 14 to preserve the call details of respondents 3 to 12 with tower location till the disposal of NDPS CR No.10/2020 of Excise Enforcement and Anti Narcotic Special Squad Thiruvananthapuram which is now pending as SC No.553/2021 before Addl. District and Sessions Judge-V, Thiruvananthapuram.

ii) Declare that the respondents 13 and 14 are duty bound to preserve the call history of the respondents 3 to 12 with tower location; and iii) Such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

3. The allegation of the petitioner was that accused Nos.1 and 2 were caught red handed by the excise team alongwith 501.5 Kg of Ganga, which wa