Punjab and Haryana High Court Orders Preservation of Call Details Record in NDPS Case, Cites Accused’s Right to Access Evidence

In a significant decision, the Punjab and Haryana High Court, presided over by Justice Deepak Gupta, has ordered the preservation of call details records in a Narcotic Drugs and Psychotropic Substances (NDPS) case. The judgment revolves around a dispute concerning the petitioner’s arrest date and circumstances.

The petitioner, Prince, sought the quashing of an order dismissing his application to preserve the call details record of his mobile phone. The prosecution alleged Prince’s arrest on October 10, 2021, on a highway, while Prince contended that he was abducted by the police on October 9, 2021, near his house in Delhi.

Justice Deepak Gupta emphasized the accused’s right to access evidence in order to build a robust defense. The court cited precedents and noted, “Accused has to build up his defense right from the very inception after charges are framed.” The court further highlighted the importance of allowing the accused access to relevant documents, even during the cross-examination of prosecution witnesses, in order to strengthen their defense.

The court ultimately set aside the trial court’s order and directed the preservation of tower location and call details of Prince’s mobile number (85271-30528) for the period of October 9, 2021, to October 11, 2021. Copies of the records are to be provided to the petitioner, Prince.

Date of Decision: 16.08.2023

Prince vs State of Punjab