$~21

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: May 26,2022
Decided on: June 03, 2022
+ W.P.(CRL) 1236/2022
KRISHAN PAWDIA ..... Petitioner
Through: Mr. J.P. Singh and Mr. Pramod
Kumar, Advocates.
versus
THE STATE, NCT OF DELHI ..... Respondent
Through: Mr. Avi Singh, ASC for State
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
JUDGMENT
1. The present petition is filed under Article 226/227 of the Constitution
of India read with Section 482 of Code of Criminal Procedure, 1973 (herein
after referred as Cr.P.C.) for giving directions to the investigating
agency/I.O./SHO for supplying contact numbers of the members of the
raiding party and the location chart of the mobile of the members of the
raiding party in FIR no. 0489/2021, P.S. Baba Haridas Nagar and also
giving directions to the investigating agency/I.O./SHO to conduct fair
investigation. The petitioner made the following prayers:-
In view of the above-mentioned facts, circumstances and
submissions, it Is, therefore, respectfully prayed that this Hon'ble
court may kindly be pleased to pass an order/s directing the
IO/SHO/investigation agency with the direction/s:
A)- To provide the correct details with regards to all mobile
contact number/s of the members of raiding party, as stated in
the above alleged case/FIR No.0489/2021, of police, which they
were using from: 08/10/2021 to 10/10/2021.
B)- To preserve and supply a set of the location chart of all those
mobile/contact numbers of the above-mentioned officials of
raiding party, to the petitioner/ applicant, and of the mobile
contact No's of the applicant/petitioner and all other co-

W.P.(CRL) 1236/2022 Page 1 of 4

Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:06.06.2022
15:46:33
 accused person for the period of 08/10/2021 to 10/10/2021 in
the interest of justice and for the sake of brevity.
2. As per the investigation, a secret information was received by S.I.
Saroj Singh on 08.10.2021 at about 11:30 PM, that three persons would be
coming from Orissa in a Eicher Truck bearing registration no. 2945 carrying
illegal ganja for delivering to a person near Najafgarh, Anaj Mandi on
09.10.2021 at about 3:00AM to 4:00AM. Thereafter, a raiding party
comprising ASI Randhir No. 311/DW, HC Jitender No. 195/DW, HC Sonu
No. 1684 DW, Constable Parvinder No. 1196/DW and Ct. Rajbir No.
1645/DW under supervision of inspector AATS, Dwarka District was
prepared and during raid three persons, namely, Krishna Pawardia i.e., the
petitioner, Aman and Rakesh Dahiya were apprehended. FIR bearing no.
0489/2022 dated 09.10.2021 was got registered at Baba Haridas Nagar
under sections 20/25 of Narcotic Drugs and Psychotropic Substances Act,
1985. The charge sheet is already filed and trial is pending.
3. The petitioner during the trial filed an application under section 91
Cr.P.C. in SC no. 245/2022 titled as State v. Rakesh and Ors. arising out of
the FIR no. 0489/2021 registered at Baba Haridas Nagar. The trial court vide
order dated 04.05.2022 has dismissed the application. It was observed that a
similar type of application was filed by co-accused Rakesh Dahiya who was
represented by same counsel and was dismissed as withdrawn on
28.10.2021. It was also observed that the accused Rakesh Dahiya again filed
a similar application which was disposed of by the concerned trial court on
18.01.2022 and against order dated 18.01.2022, a writ petition bearing no.
WP(CRL) 215/2022 titled as Rakesh Dahiya v. State of NCT, Delhi was
filed, which was ordered to be dismissed as withdrawn vide order dated

W.P.(CRL) 1236/2022 Page 2 of 4

Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:06.06.2022
15:46:33
 01.02.2022 passed by another Bench of this Court. The application under
section 91 Cr.P.C. filed by the petitioner was dismissed vide order dated
04.05.2022.
4. The counsel for the petitioner argued that the petitioner was falsely
implicated in the present case by the investigating agency and was not
arrested in the manner as alleged in the FIR. The entire prosecution case is
planted and concocted. The contents mentioned in the Final Report under
section 173 Cr.P.C. regarding the recovery of contraband and manner of
arrest are completely false and far away from truth. The investigating
agency may destroy the evidence which is required to prove the innocence
of the petitioner during the trial of the case. The petitioner along with the co-
accused was apprehended/hijacked by the raiding party at toll plaza,
National Highway at Pilakhua, Hapur, U.P. in dramatic manner. The
petitioner has a right to natural justice and fair investigation and for this it is
required to preserve the location chart of the members of the raiding party as
mentioned in the FIR along with the location chart and the contact no. of the
accused including the petitioner.
5. The Additional Public Prosecutor argued that the petitioner has not
appeared with clean hands and suppressed the material facts. The petitioner
has not disclosed that the similar application under section 91 Cr.P.C. filed
by co-accused Rakesh Dahiya through same counsel was dismissed as
withdrawn on 28.10.2021. As per the order dated 28.10.2021, the counsel
for the co-accused Rakesh Dahiya has agreed that CCTV footage from
Peepli Kharkhonda, Entry Toll to Badli Exit Toll be arranged which was
procured and is a part of the charge-sheet. The application under section 91
Cr.P.C. filed by the petitioner before the concerned court was not

W.P.(CRL) 1236/2022 Page 3 of 4

Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:06.06.2022
15:46:33
 maintainable. The petitioner does not have any prima facie case.
6. The co-accused Rakesh Dahiya filed an application under section 91
Cr. P.C. which was ordered to be disposed of as withdrawn vide order dated
28.10.2021 passed by the Special Judge (NDPS)/Dwarka Courts/SW. The
counsel for the co-accused Rakesh Dahiya stated that CCTV footage from
Peepli Karkhoda, Entry Toll to Badli Exit Toll be arranged and same was
filed along with the charge-sheet. The petitioner also filed an application
under section 91 Cr.P.C. which was dismissed vide order dated 04.05.2022
passed by the court of Special Judge(NDPS), Dwarka courts/South West.
The writ petition bearing no. WP(CRL)215/2022 was also ordered to be
dismissed as withdrawn vide order dated 22.02.2022 passed by another
Bench of this court.
7. In the present case, the members of raiding party belong to a
specialized investigating agency which carries investigation in the matter of
national interest, terrorism, armed dealing, drug paddling and organized
criminal activities and for said purpose the members of the raiding party
have to remain in touch with the secret informers. It would not be in the
interest of the functioning of the investigating agency to preserve CDR of
mobile phone of the raiding party as it may cause prejudice to the personal
safety/security of the police officials as well as may expose identity of the
secret informers. The investigation is already completed.
8. After considering all facts, the relief as prayed for cannot be granted
and the petition is dismissed. The pending applications, if any, stand
disposed of.

SUDHIR KUMAR JAIN, J

JUNE 03, 2022/sk

W.P.(CRL) 1236/2022 Page 4 of 4

Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
BHATIA
Signing Date:06.06.2022
15:46:33