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2018 (10) TMI 222 - DSC - CustomsDetention of person under COFEPOSA Act - Illegal custody - recording of statement is voluntary or not - application for 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. Held that:- 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 detained in the custody by DRI officials and not produce before the Court within stipulated period of 24 hours from his arrest. A person arrested should not be held guilty and he should also be given opportunity to prove 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 in the Court within one months from today - application disposed off.
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