IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 CRL.MC NO. 2129 OF 2023 PETITIONERS/ACCUSED NOS. 1 TO 4:

1 ANEESH JOSEPH AGED 37 YEARS S/O. JOSEPH, KARAKKAD HOUSE, KOOROPPADA VILLAGE, KOTTAYAM DISTRICT., PIN - 686502

2 SANJAY, AGED 46 YEARS, S/O. PRABHAKARAN, VELANKAVILA HOUSE, THEKKEMMURI, KIZHAKKE KALLADA VILLAGE, KOLLAM DISTRICT., PIN -

691500

3 SUNIL R.S AGED 46 YEARS S/O. RAVEENDRAN, R.S. BHAVAN, MUKKOLA, KUDAPPANAKKUNNU VILLAGE, THIRUVANANTHAPURAM., PIN - 695541

4 SUVI PLACID AGED 49 YEARS S/O. PLACID, MERCHANT VILAYIL HOUSE, PADINJATTATHIL, KOLLAM DISTRICT., PIN - 691015 BY ADV NIREESH MATHEW RESPONDENTS/STATE:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

2 THE NODAL OFFICER OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, KERALA TELECOM CIRCLE, DOOR SANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM., PIN - 695033

3 THE NODAL OFFICER RELIANCE JIO INFOCOM, 32/2552-C, 2ND FLOOR PUKALAKKATTU KARIYATTU TOWER, NEAR YATHRI NIVAS, OLD NH47, MAMANGALAM, PALARIVATTOM, KOCHI., PIN - 682025

4 THE NODAL OFFICER BHARTI AIRTEL LTD., S.L. AVENUE SERVICE ROAD, NEAR N.H BYE-PASS ROAD, MARADU, KUNDANNOOR, ERNAKULAM., PIN -

682304

5 THE NODAL OFFICER VODAFONE IDEA LIMITED, V.J.TOWER, VYTILA (P.O), ERNAKULAM, KOCHI., PIN - 682019 BY ADVS.

PUBLIC PROSECUTOR B.RAJESH (KOTTAYAM)

SATHISAN P.

DONA AUGUSTINE(K/180/2016)

OTHER PRESENT:

PP M.C.ASHI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

11.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

V.G.ARUN J.

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Crl.M.C.No.2129 of 2023 ---------------------------------

Dated this the 11th day of April, 2023

O R D E R

Petitioners are the accused 1 to 4 in CR No.96/2022 registered at the Excise Range Office, Chittur alleging commission of offence punishable under Sections 55(a) read with Section 67-B and 55-D of the Kerala Abkari Act. The prosecution version is that, at about 22 hours on 12/10/2022, the Excise officials seized 2197 litres of spirit from a Bolero Pick up van parked near the main gate of Agricultural Marketing Society, Chittur, on the Kozhinjampara-Nadupini-RV Puthur Road. The petitioners assert that they were not arrested from the place stated by the prosecution, but were apprehended and taken into custody from L&T Road, Coimbatore, by the Assistant Excise Commissioner, Excise Intelligence & Investigation Bureau, South Zone, Thiruvananathapuram. According to the petitioners, after taking into custody, they were taken to the place stated by the prosecution, through various pocket roads and after crossing Gopalapuram Check Post.

2. Learned Counsel for the petitioners contended that the falsity of the prosecution case will come to light if the tower location details and Call Data Records of the mobile phones of the detecting officer, the petitioners and the wife of the second accused are produced and verified. It is submitted that the detecting officer had made a call to the phone number of the second accused's wife at the time when the petitioners were taken into custody. Unless the tele-communication service providers are directed to preserve the tower location and CDR, the details will be destroyed after a particular point of time.

3. Learned Public Prosecutor opposed the prayer for preserving the tower location and CDR. It is also submitted that under no circumstance can there be a direction to preserve the tower location details of the wife of the second petitioner since she is not a party to this proceeding. Further, production of CDR and other details of the detecting officer may result in the details of their crimes being revealed.

4. Learned Standing Counsel for the 5th respondent submitted that CDR/Data with respect to the mobile No.9747559817 is available only for the date on 12/10/2022 and no calls were made to that number or no calls had originated from that number, on 13/12/2022.

5. Heard, learned Counsel appearing for the