Umesh @Bantu vs State Of M.P

Anil Verma, J

This application under Section 482 of Cr.P.C. is filed by the petitioner assailing the impugned order dated 07/02/2020, passed by the learned Special Judge, NDPS Act, Ujjain, District -Ujjain in S.S.T. No.02/2020, whereby learned Judge has dismissed the application filed by the petitioner under Section 91 of Cr.P.C.

Brief facts of the alleged prosecution story are that on 12/12/2019, the Police received a discrete information regarding illegal transportation of contraband(Ganja). Upon receiving the said information, a trap was laid. The Police reached on the spot. After waiting for sometime, a car bearing registration no.MP-04-CK-9556 was stopped. The driver disclosed his name as Sheru @ Umar. Other passengers disclosed their names as Umesh @ Bantu, Nitin and Amit. During search, a bag filled with 2 Kg 100 Grams Ganja was recovered from under the seat of the driver. Accordingly, the offence has been registered against the petitioner.

Learned counsel for the petitioner has prayed that Call Details of Mobile Nos.9713107584, 9977633858, 7049118204, 9753339893, 9425002043 of Police Officers and Mobile Nos.8959150191, 7772881047, 9039255908 and 8770715646 of accused persons and tower locations of police officers dated 10/12/2019 from 01:30 p.m. to 06:30 p.m. and tower locations of accused dated 09/12/2019 from 12:00 p.m. to 03:00 p.m. of 11/12/2019 must be preserved, as record may be required for adducing his evidence and also on the ground that such details are destroyed after lapse of one year. According to the petitioner, he wants to prove location of the concerning police personnel at the time of incident.

Learned trial Judge dismissed the application observing that these details are not necessary and he can prove his defence by cross-examining the concerned police personnel.

Per Contra, learned Panel Lawyer for the respondent/State has opposed the prayer and prays for its rejection by submitting that the trial Court has also passed the order regarding the preservation of contents of call details.

Learned counsel for the petitioner has filed the copies of the orders of the Co-ordinate Bench in support whereby similar applications have been allowed. These are the order dated 11/08/2017, passed in M.Cr.C. No.7254/2017 and further order dated 19/08/2019, passed in M.Cr.C. No.29461/2019.

I have heard learned counsel for the parties.

After due consideration, in order to facilitate the defence of the petitioner which is necessary for the ends of justice, this application is allowed. It is ordered that the learned Trial Judge shall send the intimation to the concerned telephone companies to preserve the records of the calls made by and on the mobile numbers as mentioned above, also their locations on the relevant point of time.

The application is, accordingly, disposed of.

Cc as per rules.