HIMMAT SINGH Vs. CBN THROUGH ASHISH CHAKRAWARTI

JUDGEMENT

(1.) BY this application under section 482 of the Criminal Procedure Code, the petitioner Himmat Singh has challenged the order dated 10.11.2014 passed by the Special Judge, NDPS Act, Mandsaur District, Mandsaur in S.T.No. 22/2014 dismissing the application filed under sections 91,92 of the CrPC read with section 65(b) of the Evidence Act.

(2.) BRIEFLY stated the facts of the case in nutshell are that Himmat Singh was being prosecuted for evidence under sections 8/18, 25, 29 of the NDPS Act. He was in custody. He moved the application under sections 91 and 92 of the CrPC read with section 65(b) of the Evidence Act. Counsel submitted that since the call details of the officers who were raiding party were to be preserved, the application was, however, dismissed by the trial Court and hence the present petition. Counsel submitted that call details were of utmost importance to the defence of the accused since they had abducted the present applicant snatched his mobile and dropped him at the barrier of the M.P. border and had taken his vehicle also. They had taken him to the State of Rajasthan initially and all the details were available on the mobile telephone numbers which are supplied as : 8930172604 which belongs to Vodaphone India Limited 8602506941 which belongs to Tata Dokomo Company.

(3.) COUNSEL submitted that under identical circumstances in Miscellaneous Criminal Case No. 9274/2012 Kripal Singh v. M.P. State through P.S. Kendriya Narcotic Bureau, this Court had directed appropriate directions. Counsel prayed that this application be allowed.