Delhi High Court Orders Preservation of Call Detail Records in NDPS Case
Court overturns trial court decision, directing service providers to preserve crucial data for defense purposes
In a significant ruling, the Delhi High Court has ordered the preservation of Call Detail Records (CDRs) and location charts in a case involving the Narcotic Drugs and Psychotropic Substances (NDPS) Act, reversing an earlier decision by the trial court. The judgment, delivered by Justice Ravinder Dudeja, emphasizes the necessity of preserving such data to ensure a fair trial and defense for the accused.
The case pertains to Mangal Singh, who was apprehended following the recovery of substantial quantities of opium from co-accused individuals near Singhu Border and M.R. Logistic Park, Sonepat. Singh's counsel argued that the trial court erred by dismissing the application for preservation of CDRs and location charts as premature, citing the risk of the data being automatically deleted before the trial could commence.
The High Court examined the application under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which seeks to ensure the availability of critical data for defense purposes. The Court highlighted the importance of preserving CDRs and location charts at the pre-charge stage, referencing the Supreme Court judgment in Suresh Kumar v. Union of India, which advocated for the preservation of such data to support the accused's right to a fair defense.
Despite opposition from the State's Additional Public Prosecutor, who cited safety concerns and legal precedents against pre-charge preservation, the High Court found the trial court's reliance on the Supreme Court's decision in State of Orissa v. Debendra Nath Padhi misplaced. Justice Dudeja clarified that the petitioner was not seeking the production of documents but merely their preservation, distinguishing the current case from previous judgments.
The Court directed telecom service providers to preserve the CDRs and location charts of the petitioner, the Duty Officer, and members of the raiding team involved in the alleged recovery. This decision underscores the judiciary's commitment to safeguarding the rights of the accused while balancing concerns for privacy and security.
The ruling is expected to have significant implications for future NDPS cases, setting a precedent for the preservation of electronic evidence at the pre-charge stage. Legal experts believe this judgment reinforces the importance of ensuring fair trial rights through the preservation of potentially exculpatory evidence.
Bottom Line:
Preservation of Call Detail Records (CDRs) and location charts sought at pre-charge stage under Section 94 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is maintainable to ensure the data does not get lost and may be available for defense at an appropriate stage.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 94, Evidence Act, Section 65B
Mangal Singh v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2794353
