HC Dismisses Plea To Provide Contact Numbers Of Raiding Party In Drugs Case

The Delhi High Court has dismissed a plea seeking to direct the Delhi Police to provide contact numbers of the officials who conducted the raid and arrested three persons in a drugs case, saying the members of the raiding party belong to a specialised investigating agency that carries probe in the matter of national interest, terrorism and drug paddling and preserving their call records may prejudice their safety.

The High Court also said preserving the call detail records (CDR) of the police officials may also expose the identity of their secret informers.

“In the present case, the members of raiding party belong to a specialised investigating agency which carries investigation in the matter of national interest, terrorism, armed dealing, drug paddling, and organised criminal activities and for the 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 the CDR of mobile phones of the raiding party as it may cause prejudice to the personal safety/security of the police officials as well as may expose the identity of the secret informers. The investigation is already completed. After considering all facts, the relief as prayed for cannot be granted and the petition is dismissed,” Justice Sudhir Kumar Jain said.

The court was hearing a plea by an accused seeking direction to the investigating agency for supplying contact numbers of the members of the raiding party and the location chart of their mobiles in the drugs case lodged at Baba Haridas Nagar Police Station here and also sought to direct the police to conduct a fair investigation.

According to the prosecution, secret information was received by a police official on October 8, 2021, that three persons would be coming from Orissa in a truck carrying banned contraband, ganja, for delivering it to a person near Najafgarh here.

Thereafter, a raiding party comprising several police officials was formed and three persons, including the petitioner accused, were caught and an FIR was lodged under the provisions of the Narcotic Drugs and Psychotropic Substances Act.

The counsel for the accused argued that he was falsely implicated in the case by the investigating agency and was not arrested in the manner as alleged in the FIR and that the entire prosecution case was planted and concocted.

He said the three accused were apprehended by the raiding party at the toll plaza, National Highway at Pilakhua in Hapur in a dramatic manner, and for a fair investigation, it is required to preserve the location chart of the members of the raiding party along with the location chart and the contact numbers of the accused persons.

-WIth PTI Input