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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 501 of 2022

Royden Harold Buthello S/o Mr. Harold Anthony Buthello

Aged About 29 Years R/o Flat No. 20, Arunodaya Bhs Ltd., A

Wing, Manipada, Sunder Nagar, Kalina University, Near Buth

Vihar, Kalina Santacruz East, Mumbai-400098, District :

Mumbai, Maharashtra

--- Petitioner

Versus

State of Chhattisgarh through Station House Officer, Thana/

P.S.- Kotwali, Raipur, District : Raipur, Chhattisgarh ---

Respondent

For the Petitioner

:

Mr. Vimal Patel, Mr. D.M. Galani and

Mr. Neeraj Choubey, Advocates.

For the Respondent

:

Mrs. Hamida Siddiqui, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri

Order on Board

08

.04.2022

1. The present petition is against the order dated 22.02.2022

passed by the Special Judge (NDPS Act), Raipur in Criminal

Case No.98/2020 whereby the application field under Section

91 of the Code of Criminal Procedure seeking production of

tower location details of 5 mobiles of the accused and police

officers was rejected.

2. Learned counsel for the petitioner would submit that the

petitioner is facing two criminal trials, one is in Criminal Case

No. 87/2020 relating to Crime No.232/2020 registered at

Azad Chowk Police Station, Raipur and another is in Criminal

Case No.98/2020 relating to Crime No.255/2020 of Azad

Chowk, Raipur.

3. Learned counsel submits that petitioner was abducted from

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Talcher, District Angul (Odisha) and as per the documents,

the petitioner who is tried as an accused under the NDPS Act

was staying at Hotel Green Park, Talcher from 15.10.2020 to

20.10.2020 and in the intervening night of 20.10.2020 at

about 1.25 p.m., 4 persons barged into his room and took

him away in a private vehicle. He further submits that the

documents filed along with the petition would show that the

bills were paid in Hotel Green Park by the petitioner on

20.10.2020, which means he was in the State of Odisha on

20.10.2021. It is stated that he was unauthorizedly brought

to Raipur on 21.10.2021 and accordingly his telephone tower

location was shown at Raipur, as per call details. It is stated

that while the petitioner was taken away by 4 persons, who

showed their identity as the police officers and consequently

the father of the petitioner lodged a complaint at Police

Station, Talcher (Odisha) on 27.10.2020 against the four

persons whose names could be gathered during transit and

was disclosed to father of the petitioner as Pramod Behra,

Sultan, Santosh Singh and one Ali. He refers to Rosnamcha

Sanha Reports which are exhibited as D-4 & D-5 in the trial

and would submit that these documents clearly go to show

that four police persons travelled from Raipur to Talcher and

thereafter the petitioner was brought to Raipur and was

initially kept at Police Station City Kotwali, Raipur and

thereafter was shifted to Moudhapara police station.

4. He further submits that subsequently the petitioner was

shown to be arrested in Crime No.232/2020 of Ajad Chowk

Police Station, for which, the trial is being conducted as

Criminal Case No.87 of 2020. It is stated that the presence

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of four police men, which is supported by documentary

evidence would show that the petitioner was inculpated in

false case. He would submit that in the back ground of the

case, in order to establish the facts that 5 police officers

travelled from Raipur to Orissa, picked up the petitioner and

thereafter came back to Raipur which would be evident from

Rosnamcha Sanha, the details of tower location of 5 mobiles

used by the police officers would be necessary, therefore, it

would be fair and just to give a chance to the petitioner to

establish those facts, which can be possible by directing to

produce the tower location details. He further submits that

to bring out the truth for free and fair trial, the Court should