GAGANDEEP SINGH @ GAGAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner assails order dtd. 6/4/2022 passed by Judge, Special Court, Ludhiana (Annexure P-4), whereby an application moved by the petitioner/accused seeking issuance of directions to Nodal Officers of Jio/Reliance and Airtel, to provide call detail record/mobile tower location record, which had already been directed to be preserved, has been dismissed.

(2.) A few facts necessary to notice for disposal of this petition are that the petitioner is facing trail before the Court of Special Judge (NDPS), Ludhiana, in respect of FIR No.155, dtd. 30/11/2020, Police Station Dehlon, District Ludhiana, under Ss. 22, 61, 85 of NDPS Act. The petitioner had earlier moved an application before the trial Court seeking issuance of a direction to the Nodal Officers of the mobile companies concerned, to provide the phone numbers of the police officials and also the call detail record in respect of their phone numbers. The said application was allowed vide order dtd. 6/5/2021(Annexure P-3) passed by learned Judge, Special Court, Ludhiana. The operative portion of the said order read as follows:

(3.) When the matter was fixed at the stage of framing of charges, an application was moved by the petitioner seeking issuance of a direction to Nodal Officers of the mobile companies concerned to provide the phone call detail record along with the tower location record in respect of the phone numbers regarding which directions had been issued on 6/5/2021 (Annexure P-3) so as to preserve the call detail record and tower location record.