Call Detail Records Of Special Task Force Officers Must Not Be Exposed Unless Extremely Necessary For The Case: Delhi High Court

Update: 2021-12-02 12:15 GMT

The Delhi High Court has recently observed that the call data records of the Special Task Force officers must not be exposed unless it is extremely necessary for the facts of the case as exposure of the same would endanger the officers as well as their informers. Justice Subramonium Prasad made the observation while dealing with a plea filed by an accused who was picked up by a raiding team...

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The Delhi High Court has recently observed that the call data records of the Special Task Force officers must not be exposed unless it is extremely necessary for the facts of the case as exposure of the same would endanger the officers as well as their informers.

Justice Subramonium Prasad made the observation while dealing with a plea filed by an accused who was picked up by a raiding team of the Special Task Force in a NDPS case.

"Needless to state that unless it is extremely necessary for the facts of that case the CDRs of the officers of Special Task Force must not be exposed as it would endanger the officers concerned and their informers," the Court said.

The petitioner had challenged the Trial Court order which had dismissed his application filed under sec. 91 Cr.P.C for summoning the call detail records (CDRs), location chart and timeline of SI and other constables involved in the raiding team.

The petitioner along with one other person were apprehended and 84.350 Kg Ganja was recovered. Therefore, an FIR under sec. 20 and 25 of the NDPS Act was registered.

It was the case of the petitioner that he was picked up from a different place by a separate raiding party and, therefore, the CDRs of officers in the raiding party ought to be preserved so that he can built up the defence.

On the first application moved by the petitioner, the Trial Court had directed that the location chart and mobile phones of the accused and the members of the raiding party be preserved. However, another application was filed by the petitioner seeking correct details with regards to all mobile contact numbers of the police officials, CDRs alongwith location chart of all those numbers on the alleged date of incident, etc.

Vide the impugned order, the Trial Court had rejected the application observing that the relief sought was already considered earlier by the Court.

"What the petitioner is now asking is the CDRs of random officers alleging that they have picked the petitioner from a different place. Other than mere ipse dixit of the petitioner, at this juncture, there is nothing to show that the petitioner had been picked up from a different place by a different raiding party. The CCTV cameras have been directed to be preserved," the Court said.
"The CDRs of the raiding team and the accused and the CCTV footages have been preserved. As stated earlier, in order to ensure the safety of the officers and their informers, the CDRs of officers of STF should not be made public unless it is necessary for the case," it added.

The plea was accordingly dismissed.

Case Title: DINESH KUMAR @ DINA v. STATE, NCT OF DELHI

Click Here To Read Order 


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