PANKAJ BHARGAVA Vs. UNION OF INDIA

JUDGEMENT

(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.