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TMI Blog2018 (10) TMI 222X X X X Extracts X X X X X X X X Extracts X X X X ..... umar Jain issuing direction to the mobile companies to place on record the tower location of the telephones of DRI officials on the night of 01.09.2016. It is stated in the application that accused has falsely implicated in the present case and he was kept in illegal custody throughout until 03.09.16 and was continuously tortured for almost 72 hours by the DRI officials. It is further stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of the process of law which was recorded in coercive manner. This is not only the violation of the provisions of Section 108 of Customs Act but the same must be construed as violation of section 41 Cr.P.C., whereby the accused can be arrested only on the specific ground if he is not joining the Investigation. It is further stated that section 104 of the Customs Act mandates that the arrestee s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other things necessary or desirable for the purpose of any inquiry, trial or other proceedings. The location details of the accused and other persons shall extricate truth and the said CDR are requisite for the trial and very crucial for the defence of applicant/accused. Ld. counsel has relied upon case laws titled as Pooja Pal Vs. Union of India & ors, 2016 3 SCC 135, Vinay Tyagi Vs. Irsahd Ali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cused was got medically examined from RML Hospital prior to his production before the court. It is further stated that accused was appeared in reference to summons issued to him and he himself tendered his voluntary statement under section 108 of Customs Act in his own handwriting. Accordingly, it is requested that said application be dismissed. I have heard the arguments and perused the record ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ranted opportunity to prove his defence. Considering the totality of the facts and circumstances the case and case laws relied upon by Ld. counsel for accused, this application u/s. 91 Cr.P.C. is allowed and notice be issued to the concerned mobile operators, who are directed to preserve the CDRs and tower location of mobile phone of the accused Narender Kumar as well as the officers of DRI as me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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