Order(Oral)

19/09/2024

1. Petitioner herein is impugning an order dated 18.07.2024 passed by the learned Special Judge, Pratapgarh in Criminal Misc. Case No.103/2024 pertaining to FIR No.131/2024, under Sections 8 and 22 of NDPS, Act and Sections 3 and 25 of Arms Act, 1959, lodged at Police Station Arnod, District Pratapgarh. Application filed by the petitioner accused under Section 94 and 348 of BNSS seeking CCTV footage, Call location & Tower location was dismissed vide the impugned order.

2. Brief facts of the case are that on 27.06.2024, around 4:15 PM, S.H.O. Arnod received information about a person selling illegal MDMA at a farmhouse outside Devaldi. Upon arriving at 5:00 PM, the police officals apprehended the petitioner i.e. Arbaaz Khan Pathan, aged 19, attempting to flee. A search revealed 545 grams of MDMA and a pistol with ammunition in his possession. He could not provide a license for either item, which led to the registration of an FIR at Police Station Arnod and his subsequent arrest.

2.1 The petitioner asserts that he was falsely implicated and that the police were not even present at the alleged scene of occurrence and it is all a made up story. During the trial, he