NDPS Act | No Bar On Producing Call Records, Location Of Raiding Team & Police Informers If Privacy Is Protected: Delhi High Court

The Delhi High Court has observed that there is no bar on producing the call data records (CDRs) of raiding team and police informers in NDPS Act cases provided their safety and privacy is protected.

“…there is no embargo to the production of CDRs/location charts before the court at an appropriate stage while taking necessary precautions regarding the safety and privacy of the members of the raiding team and the police informers,” Justice Ravinder Dudeja said.

The Court was dealing with a plea filed by an accused challenging a trial court order dismissing his application seeking preservation of CDRs and Location Charts of himself, the Duty Officer and members of the raiding team involved at the time of the alleged recovery, seizure and sampling.

It was his case that the trial court failed to consider that he did not seek the production of the CDR and the location charts but only prayed for preservation of the same.

It was submitted that the trial court committed grave error in dismissing the application by calling it “premature” on the ground that the application under Section 94 BNSS cannot be moved by the petitioner before framing of charge.

It was further contended that the failure to preserve the CDRs and the location charts would cause serious prejudice to him in establishing his defence.

On the other hand, the prosecution said that Section 94 BNSS does not give any right to the accused to approach the court at pre-defence stage in view of Supreme Court ruling in State of Orissa vs Debendra Nath Padhi.

It was submitted that the prayer for preservation of the records on the ground that the same may get destroyed over the period of time has no legal backup, as there is no provision in law which entails an accused to seek such directions.

Allowing the plea, the Court said that the prosecution's reliance on Debendra Nath Padhi judgment was misplaced, as in the case in question, the Supreme Court was dealing with the issue of right of a accused to summon documents in his defence before the commencement of trial and in that circumstances, it was held that accused does not have the right to summon and produce the documents before the commencement of the trial.

“The question for consideration in Debendra Nath Padhi (supra) was as to whether the accused can summon the documents to establish his defence at the charge stage, whereas, in the present case, the prayer has been only for the purpose of preservation of the data which may be required at the stage of defence. Hence, the principles laid down in Debendra Nath Padhi (supra) are not applicable in the present case,” the Court said.

Justice Dudeja said that the accused only sought the preservation of the CDRs and location charts and not for its production and that if such data is not preserved, there is likelihood that the same may get lost and may not be available to the petitioner in support of his defence.

The Court directed that the CDRs and location charts of the accused, Investigating Officer, Duty Officer and the other members of the raiding team involved at the time of the alleged recovery, be preserved by the respective service providers.

Title: MANGAL SINGH v. STATE (NCT OF DELHI)

Citation: 2025 LiveLaw (Del) 1304

Counsel for petitioners: Advocates  Sumer Singh Boparai,  Surya Pratap Singh,  Abhilash Kumar Pathak, Sirhaan Seth, Shubham Raj Anand

Counsel for respondent: APP Taran Srivastav

Click here to read order