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Rajasthan High Court · body

2019 DIGILAW 2827 (RAJ)

Pankaj Bhargava S/o Shri Baijnath Bhargava v. Union Of India, Through Central Narcotics Bureau, Pratapgarh

2019-11-11

MANOJ KUMAR GARG

body2019
ORDER : 1. The instant misc. petition has been filed by the petitioner against the order dated 16.10.2019 passed by learned Special Judge, NDPS Cases, Pratapgarh in Special Sessions Case No. 16/2016 by which the learned trial court rejected the application filed by the petitioner seeking copy of the call details for the purpose of cross-examination of investigating officer. 2. Learned counsel for the petitioner submits that the investigating officer is the main witness and he is required to be cross-examined by the petitioner with the help of call details to find the truthfulness of prosecution case. It is argued that the petitioner had earlier filed criminal misc. petition being S.B. Criminal Misc. Petition No. 3072/2016 which was decided with the direction to the trial court to safeguard the call details as sought by the petitioner in application and keep the same in a sealed cover in the record of the court. It was further directed that it will be open for the trial court to look into the available data as and when necessary, at its own discretion. 3. Learned counsel for the petitioner argued that for the purpose of just decision of the case, the witnesses is required to be cross-examined with the help of call details already available with the trial court, therefore, the same may be supplied to him. Per contra, learned Special Public Prosecutor opposed the prayer made by counsel for the petitioner and submits that this Court had specifically ordered to keep the call details in a sealed cover in the record of the case and same should not be handed over to the petitioner. 4. I have heard learned counsel for the parties and considered the material available on record. 5. The co-ordinate Bench of this Court while deciding the Criminal Misc. Petition No. 3702/2016 had directed the trial court to safeguard the call details as sought by the petitioner in application and keep the same in a sealed cover in the record of the court. It was further directed that it will be open for the trial court to look into the available data as and when necessary. Petition No. 3702/2016 had directed the trial court to safeguard the call details as sought by the petitioner in application and keep the same in a sealed cover in the record of the court. It was further directed that it will be open for the trial court to look into the available data as and when necessary. In the opinion of this Court, there is no reason to deny the call details to the petitioner as the right to cross-examination is a valuable right, therefore, the call details kept in the sealed cover in the record of the trial court, copy of the same may be handed over to the petitioner so that the petitioner may cross-examine the investigating officer with the help of call details. 6. In view of above, the misc. petition is allowed. The impugned order dated 16.10.2019 passed by the learned Special Judge, NDPS Cases, Pratapgarh is quashed and set aside and it is directed that the copy of call details as lying in the record of trial court may be handed over to counsel for the petitioner so as to enable him to cross-examine the investigating officer with the help of call details.