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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

(1) S.B. Criminal Revision Petition No. 614/2023

Krishan Lal S/o Shriram, Aged About 78 Years, R/o Ward No. 33,

Mandi Pilibanga, P.s. Pilibanga, District Hanumangarh (Raj.)

(Presently Lodged At Dist. Jail, Hanumangarh)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

(2) S.B. Criminal Revision Petition No. 613/2023

Krishan Lal S/o Shriram, Aged About 78 Years, R/o Ward No.

33, Mandi Pilibanga, P.s. Pilibanga, District Hanumangarh (Raj.)

(Presently Lodged At Distt. Jail, Hanumangarh)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)

:

Mr. Shreyansh Bhandari

For Respondent(s)

:

Mr. Abhishek Purohit, AGA

Mr. Ashok Bishnoi, SHO, Police Station

Dungargarh

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/07/2023

1.

The instant criminal revision petitions have been filed by the

petitioner under Section 397 read with Section 401 Cr.P.C.

challenging the correctness, legality or propriety of the orders

dated 29.04.2023 passed by the learned Special Judge (NDPS Act

Cases), Hanumangarh in Session Case No.113/2022 and

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148/2022, whereby the applications moved by the petitioner

under Section 91 of CrPC praying for procuring Tower Locations

and Call Data Record of 17 persons, viz. the police party, who

made seizure of the contraband, the accused himself, accused in

FIR No.81/2022 registered at Police Station Pilibanga and taxi

drivers, for the date 26.02.2022 from 07.00 am. to 12.00

midnight were rejected.

2.

Brief facts relevant and essential for disposal of the case are

that on 26.02.2022 when Mr. Indra Kumar, SHO, Police Station

Pilibanga alongwith other police personnel was patrolling, at 06.00

p.m. at Chak Rohi 13 P.B.N., they caught accused-petitioner

Krishan Lal, who was allegedly having possession of 3 kg opium.

He was arrested and FIR No.82/2022 came to be registered at

01.11 am.

3. On the same day, i.e. 26.02.2022, Mr. Harbans Singh, Sub-

Inspector, Police Station Pilibanga, who was patrolling with other

police personnel, conducted Nakabandi at Goluwala Tiraha,

Pilibanga to Hanumangarh Road. At 08.30 p.m., they intercepted

an Alto car bearing Registration No.RJ-31-CB-3802. Accused Anil

Kumar and Subhash were in the car, from which 50 gm. opium

was recovered. It was revealed during investigation of that case

that the contraband was procured to them by the accused-

petitioner Krishan Lal, thus, he too was made an accused in the

case and FIR No.81/2022 came to be registered at the Police

Station Pilibanga at 12.34 a.m.

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4.

The claim of petitioner Krishan Lal is that since he had

already been detained by police party at 06.00 p.m. at Chak Rohi

13 P.B.N. in FIR No.82/2022, therefore, he could not have supplied

the contraband to accused Anil and Subhash in FIR No.81/2022,

who were detained at 08.30 p.m. at Goluwala Tiraha, which is a

place at a distance of 2.77 k.m. from Chak Rohi 13 P.B.N. He

further claims that on 26.02.2022 he was at Police Station

Goluwala from 10.30 a.m. till evening and in fact, he was taken

from Police Station Goluwala to Police Pilibanga and the seizure

proceedings shown from him at Chak Rohi 13 P.B.N. were

fabricated. In order to substantiate the above claims, the

accused-petitioner preferred two applications under Section 91

CrPC before the trial court for summoning the CDR and Tower

Locations of 17 people including the police party and accused in

FIR No.81/2022, which came to be rejected by the trial court vide

the impugned order. Hence, these revision petitions.

5.

Learned counsel for the accused-petitioner submits that a

false case has been foisted against the petitioner and that he was

roped in both the matters based on false allegations. It