Sunil Sharma vs State
2020 Latest Caselaw 122 Del

$~57
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 09.01.2020
+      CRL.M.C. 1851/2017 & Crl.M.A. 7583/2017
       SUNIL SHARMA                                     ..... Petitioner
                         Through:     Mr.Kirti Uppal, Sr. Adv. with
                                      Mr.Shailendra Babbar, Mr.Ajay
                                      Kumar, Ms.Manisha Parmar &
                                      Ms.Siddhi Mittal, Advs.

                         versus

       STATE                                              ..... Respondent
                         Through:     Mr.Rahul Mehra, Standing Counsel
                                      (Crl.) with Mr. Panna Lal Sharma,
                                      APP & Mr.Chaitanya Gosain, Adv.
                                      Addl. DCP Seweta Chauhan,
                                      Insp.Jarnail Singh, ACP Tilak R.
                                      Malhotra & Insp.Sailender Sangwan,
                                      SHO/Crime Branch.
                                      Mr. Madhu, NIC, CGO Complex
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

1. Vide the present petition, the petitioner seeks direction thereby to

quash the order dated 22.10.2016 passed by Special Judge NDPS-02,

(central), Tis Hazari Courts, Delhi in FIR No.82/15, P.S Crime Branch, in

case titled as State vs. Sunil Sharma, whereby an application bearing no.

M.A. No. 36/2016 Under Section 91 of the Code of Criminal Procedure was

disposed off.

2. The petitioner moved an application under section 91 of the Cr.P.C.

seeking direction to the service provider M/s Vodafone India Limited to

provide CDRs of mobile number 9811104884 of the petitioner and

9711946898 of son of the petitioner and mobile number 9560838726 of

employee of the petitioner.

3. Mr.Rahul Mehra, learned Standing Counsel (Crl.), on instructions,

stated that as per the reply received from Vodafone, it is stated that the CDR

is available only for a period of one year in their CDR portal. He further

submits that if the CDR of the aforesaid mobile numbers are available with

Vodafone, they have no objection if said service provider provides the CDR

of the aforementioned numbers in Trial Court in accordance with law for the

period of 30.05.2015 to 31.05.2015.

4. Accordingly, Vodafone Mobile Services Ltd. (Circle Head Office) C-

48, Okhla Industrial Area Phase 2, Delhi - 110020, Near Block C, is directed

to provide CDRs of abovementioned mobile numbers, if available with them

and in accordance with law before the Court of Ms.Neelofer Abida Perveen,

learned ASJ, Central District, Tis Hazari Courts, Delhi within one week

from the receipt of this order.

5. Registry of this court is directed to transmit the copy of this order to

the Incharge of Vodafone India Limited immediately for compliance.

6. In view of above directions, the petition is disposed of.

7. Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE JANUARY 09, 2020 ab