ATTAR SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Crl.M.C. No. 406/2016 The present petition under Sec. 482 of the Code of Criminal Procedure (Crl.P.C.) has been preferred by the petitioner for quashing of the order dated 2nd Aug., 2013 passed by the learned Additional Sessions Judge, Patiala House Court, New Delhi and for the passing of appropriate directions to the Service provider of Mobile No. 9873091369 i.e. Vodafone which belongs to Mr.K.B. Jha, Investigating Officer of FIR No. 23/11, Police Station Prashant Vihar, Crime Branch, New Delhi, for preserving the call details of 2nd and 3rd Feb., 2011.

(2.) A thumbnail sketch of the facts of the case as stated by learned counsel for the petitioner is that the petitioner who is working as Pharmacist, Central Government Health Scheme (CGHS), Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi since 1992, has clean antecedents. However, the officers of the Crime Branch of Delhi Police, out of grudge, lodged an FIR No. 23/11, PS Crime Branch, Prashant Vihar New Delhi against the petitioner. Challan is stated to have been filed and the case is pending trial before the learned Chief Metropolitan Magistrate.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution version, the Crime Branch of Delhi Police received a secret information on 2nd Feb., 2011 to the effect that the present petitioner while posted as Pharmacist in CGHS Dispensary, Nanakpura, New Delhi, prepared forged and fake prescriptions and that the same were used for procuring medicines with the help of other colleagues. These medicines were stated to be sold in the market at half of the actual price. On the basis of the said information, the police apprehended a Swift Dzire car near the Gole Market in which two persons were sitting. On reaching the said car, two other persons came near the car and those two persons gave a packet each to the person sitting at the rear seat who kept the same in the dicky of the vehicle. The police caught all the four persons and various medicines were stated to have been recovered from the car.