UMESH @BANTU Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. is filed by the petitioner assailing the impugned order dtd. 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 Sec. 91 of Cr.P.C.

(2.) 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.

(3.) 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 dtd. 10/12/2019 from 01:30 p.m. to 06:30 p.m. and tower locations of accused dtd. 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.