1. Shri Nilesh Dave, learned counsel for the Petitioner.
Shri Akash Sharma, learned Panel Lawyer for the respondent / State.
The present petition under S.482 of Cr.P.C. has been filed by petitioner challenging the impugned order dated 05.03.2021 passed by Additional Special Judge (N.D.P.S.) Mandsaur, (M.P.) whereby an application under S.91 and S.92 of Cr.P.C. r/w S.65 (A) (B) of Evidence Act has been partly allowed.

2. The petitioner is facing trial under S.8/15, 25, 29 of N.D.P.S. Act. During the pendency of the trial, an application under S.91 and S.92 of Cr.P.C. r/w S.65 (A) (B) of Evidence Act was filed by the accused - petitioner for preserving the Call Detail Record and call location chart of mobile phone belonging to petitioner, one Sub-Inspector, six constables, two witnesses and accused Nageshwar in different cellular companies. The trial court vide order dated 05.03.2021 partly allowed the application to preserve the CDR and call location to petitioner, Nagheswar and Sub-Inspector Nirbhay Singh and rejected the prayer with respect to six constables and two witnesses. Hence, this petition before this Court.

3. Learned counsel for the petitioner submits that petitioner wants to prove the CDR and call location chart of the mobile phone of the above persons in his defence evidence. He was lifted by the police from his house and whole night he was with the police. He further submits that the petitioner has falsely been implicated by the police because the petitioner is not the owner of motorcycle bearing registration No. MP - 14 - ML - 2423, which was used in the alleged crime and same belongs to accused - Deepak Patidar.
3A. Learned Panel Lawyer opposes the petition and prays for its rejection.

4. I have heard learned counsel for the parties through VC.

5. The applicant is not the owner of motorcycle bearing registration No. MP - 14 - ML - 2423, the same is registered in the name of accused Deepak Patidar, therefore, the trial court is directed to preserve the Call Detail Record and call location chart of mobile phone belonging to Deepak Patidar in order to establish whether this petitioner was in contact with Deepak Patidar or not at the time of alleged offence.

6. With the aforesaid modification, petition is disposed of.
Certified copy as per rules.
Order accordingly.