IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH FRIDAY, THE 11^TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 WP(CRL.) NO. 461 OF 2021 PETITIONER:

HEBIMON, S/O.AMRITHANANDAN, AGED 40 YEARS, HEBI NIVAS, VALAVUPACHA P.O, CHITHARA, KOLLAM-691 559 BY ADVS.SRI.SIJU KAMALASANAN SMT.ANJANA KANNATH SRI.S.ABHILASH SMT.T.S.SREEKUTTY RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

2 CITY POLICE COMMISSIONER, KOLLAM CITY, KOLLAM DISTRICT, PIN 691 001

3 JUSTIN JOHN INSPECTOR OF POLICE AND STATION HOUSE OFFICER, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT, PIN 691 011

4 RENJITH, CIVIL POLICE OFFICER, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT, PIN: 691 572

5 SUNIL KUMAR, CIVIL POLICE OFFICER, CHATHANNOOR POLICE STATION, KOLLAM DISTRICT-691 572 6 THE NODAL OFFICER VODAFONE-IDEA LIMITED, VJ TOWER, VYTTILA P.O, ERNAKULAM - 682 019

7 THE NODAL OFFICER RELIANCE JIO INFOCOM LTD, PUKALAKKATTU KANYATTU TOWER YATRI NIVAS, MAMANGALAM ROAD, PALARIVATTOM, KOCHI 602 025

8 THE NODAL OFFICER LEA, BSNL MOBILE SERVICES, 3RD FLOOR, TELEPHONE EXCHANGE, PANAMPILLY NAGAR, KOCHI 682 036

9 THE NODAL OFFICER BHARATHI AIRTEL LTD, NH BY-PASS KUNDANNOOR JUNCTION, KOCHI 682 304 BY ADVS.

R1 TO R5 BY ARAVIND V MATHEW, PUBLIC PROSECUTOR R6 BY SRI.K.S.ARUN KUMAR SRI.P.SATHISAN R7. BY SRI. G.HARIKUMAR (GOPINATHAN NAIR)

SMT.DONA AUGUSTINE R8 BY SRI.MATHEWS K PHILIP, SC FOR BSNL THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 11^th day of February, 2022 This petition is filed by the 1^st accused in Crime No.276/2021 of Chathannoor Police Station. The allegation against him was that he has committed an offence punishable under Section 20(b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). The allegation of the prosecution was that he was found in possession of 84.400 Kgs of Ganja at 1.30pm on 05.07.2021 near Madankavu, Eram Cherry in Meenadu Village of Kollam District alongwith accused Nos.2 to 4.

2. His case was that while he was coming back from pilgrimage at Rameswaram he was taken in illegal custody on account of some suspicion. According to him he was taken into custody on 4 am on 05.07.2021 from Kovilpatti and not from the place as alleged by the prosecution in the FIR and if CCTV footages of the hotel and the way therefrom is collected, his contentions would be established. According to him the mobile phone numbers of respondents 3 to 5 who had taken him into custody from Kovilpatti and traveled alongwith him to Chathannoor and his own mobile number are also furnished, alongwith the petition. 3. According to the petitioner the investigation in the case is progressing and there is every chance of the final report to be filed implicating him as accused on the basis of the evidence allegedly collected by the 3^rd respondent and his party.

4. It was contended that footages of the CCTV installed at the hotel and on the way to Chathannoor are required to be collected and preserved for the purpose of the trial to be commenced later. His apprehension was that the telecom companies would keep the footages and the call data details alongwith the tower location only for a prescribed period and only when directed, they would preserve it so as to make it available during trial. Therefore, he sought for preservation of the data discussed in the petition on hand by the authorities responsible for that.

5. This Court called for the response of respondents.

Adv.P.Sathisan entered appearance for respondent No.6, Adv.Harikumar, for respondent No.7 and Adv.Mathews K Philip for respondent No.8. According to them, they have no objection in collecting and preserving the data in accordance with the guide lines governing them and beyond the prescribed time limit if a direction is issued in that regard.

In the above circumstances, Writ Petition stands