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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 ..... rove his defence. The CDRs and Tower locations can also prove the actual facts of the case and accused should be given right to produce evidence in his defence but the said evidence in form of CDRs and Tower location cannot be produce until get preserved by the 10 or directed to preserve by the Court. No prejudice shall be caused to the department in any manner, if this application is allowed and accused is granted opportunity to prove his defence. 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 mentioned in the application in para 12 and file the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igm of abuse 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 should be produce before the Court without any delay but DRI officials has not complied the said condition. It is further stated that accused complained to competent authority including this Court that his statement was recorded after keeping him in illegal custody and wrongful confinement under threat and coercion. It is further stated tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allegations made in the application. It is further stated that accused has never complained to the Court regarding any injury or his illegal detention in as much as accused 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 carefully. In the instant case, accused has prayed that CDRs and tower locations of the accused as well as DRI officials are very necessary to prove that he was illegally detai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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