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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: May 26,2022

Decided on: June 03, 2022

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W.P.(CRL) 1236/2022

KRISHAN PAWDIA

..... Petitioner

Through:

Mr. J.P. Singh and Mr. Pramod

Kumar, Advocates.

versus

THE STATE, NCT OF DELHI

..... Respondent

Through:

Mr. Avi Singh, ASC for State

CORAM:

HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T

1.

The present petition is filed under Article 226/227 of the Constitution

of India read with Section 482 of Code of Criminal Procedure, 1973 (herein

after referred as Cr.P.C.) for giving directions to the investigating

agency/I.O./SHO for supplying contact numbers of the members of the

raiding party and the location chart of the mobile of the members of the

raiding party in FIR no. 0489/2021, P.S. Baba Haridas Nagar and also

giving directions to the investigating agency/I.O./SHO to conduct fair

investigation. The petitioner made the following prayers:-

In view of the above-mentioned facts, circumstances and

submissions, it Is, therefore, respectfully prayed that this Hon'ble

court may kindly be pleased to pass an order/s directing the

IO/SHO/investigation agency with the direction/s:

A)- To provide the correct details with regards to all mobile

contact number/s of the members of raiding party, as stated in

the above alleged case/FIR No.0489/2021, of police, which they

were using from: 08/10/2021 to 10/10/2021.

B)- To preserve and supply a set of the location chart of all those

mobile/contact numbers of the above-mentioned officials of

raiding party, to the petitioner/ applicant, and of the mobile

contact No's of the applicant/petitioner and all other co-

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002263

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accused person for the period of 08/10/2021 to 10/10/2021 in

the interest of justice and for the sake of brevity.

2.

As per the investigation, a secret information was received by S.I.

Saroj Singh on 08.10.2021 at about 11:30 PM, that three persons would be

coming from Orissa in a Eicher Truck bearing registration no. 2945 carrying

illegal ganja for delivering to a person near Najafgarh, Anaj Mandi on

09.10.2021 at about 3:00AM to 4:00AM. Thereafter, a raiding party

comprising ASI Randhir No. 311/DW, HC Jitender No. 195/DW, HC Sonu

No. 1684 DW, Constable Parvinder No. 1196/DW and Ct. Rajbir No.

1645/DW under supervision of inspector AATS, Dwarka District was

prepared and during raid three persons, namely, Krishna Pawardia i.e., the

petitioner, Aman and Rakesh Dahiya were apprehended. FIR bearing no.

0489/2022 dated 09.10.2021 was got registered at Baba Haridas Nagar

under sections 20/25 of Narcotic Drugs and Psychotropic Substances Act,

1985. The charge sheet is already filed and trial is pending.

3.

The petitioner during the trial filed an application under section 91

Cr.P.C. in SC no. 245/2022 titled as State v. Rakesh and Ors. arising out of

the FIR no. 0489/2021 registered at Baba Haridas Nagar. The trial court vide

order dated 04.05.2022 has dismissed the application. It was observed that a

similar type of application was filed by co-accused Rakesh Dahiya who was

represented by same counsel and was dismissed as withdrawn on

28.10.2021. It was also observed that the accused Rakesh Dahiya again filed

a similar application which was disposed of by the concerned trial court on

18.01.2022 and against order dated 18.01.2022, a writ petition bearing no.

WP(CRL) 215/2022 titled as Rakesh Dahiya v. State of NCT, Delhi was

filed, which was ordered to be dismissed as withdrawn vide order dated

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002263

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01.02.2022 passed by another Bench of this Court. The application under

section 91 Cr.P.C. filed by the petitioner was dismissed vide order dated

04.05.2022.

4.

The counsel for the petitioner argued that the petitioner was falsely

implicated in the p