Rajan V.K vs State Of Kerala
2021 Latest Caselaw 18487 Ker

                                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                     PRESENT

                                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH

                       WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943

                                           WP(C) NO. 17845 OF 2021

PETITIONER:

                 RAJAN V.K
                 AGED 62 YEARS
                 S/O.KELAN, VADAKKEPRAMKUNIYIL HOUSE, PALAYAD P.O., KOZHIKODE.
                 BY ADVS.
                 I.V.PRAMOD
                 K.V.SASIDHARAN


RESPONDENTS:

       1         STATE OF KERALA
                 REPRESENTED BY ITS SECRETARY TO GOVERNMENT TAXES DEPARTMENT, SECRETARIAT,
                 THIRUVANANTHAPURAM-695001.
       2         ASSISTANT EXCISE COMMISSIONER,
                 THIRUVANANTHAPURAM-695001.
       3         T.ANIL KUMAR,
                 VADAKKEVILAKATHU VEED, CHANTHAVILA, KATTAYIKONAM, CIRCLE INSPECTOR OF EXCISE,
                 EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM-695001.
       4         T.R.MUKESH KUMAR,
                 THARAYIL HOUSE, PETTA P.O., THIRUVANANTHAPURAM, EXCISE ENFORCEMENT AND ANTI
                 NARCOTIC SPECIAL SQUAD, THIRUVANANTHAPURAM-695001.
       5         R.G.RAJESH,
                 LALI BHAVAN POOJAPPURA, THIRUVANANTHAPURAM, EXCISE INSPECTOR, EXCISE HEAD QUARTERS,
                 THIRUVANANTHAPURAM-695001.
       6         K.V.VINOD,
                 KALA BHAVAN, MANAVARI, KOTTUKAL P.O., THIRUVANANTHAPURAM, EXCISE INSPECTOR, EXCISE
                 HEAD QUARTERS, THIRUVANANTHAPURAM-695001.
       7         G.KRISHNA KUMAR,
                 EXCISE CIRCLE INSPECTOR, EXCISE CIRCLE OFFICE, NILAMBUR-679330.
       8         S.MADUSOODANAN NAIR,
                 SHANTHI BHAVAN, MARUTHUMKUZHY, KANJIORAMPARA, ASSISTANT EXCISE INSPECTOR, EXCISE
                 RANGE OFFICE, KATTAKKADA, THIRUVANANTHAPURAM-695572.
       9         R.RAJESH,
                 T.C.9/2136, SASTHAMANGALAM, THIRUVANANTHAPURAM, MANAGER, EXCISE DIVISION OFFICE,
                 THIRUVANANTHAPURAM-695001.
       10        P.SUBIN,
                 BHARGAVI HOUSE, POTHENCODE, THIRUVANANTHAPURAM, CIVIL EXCISE OFFICER EXCISE SPECIAL
                 SQUAD, THIRUVANANTHAPURAM-695001.
       11        S.SHAMNATH,
                 CIVIL EXCISE OFFICER, EXCISE SPECIAL SQUAD, THIRUVANANTHAPURAM-695001.
       12        KULVANTH SINGH KALSI,
                 S/O.NIRMAL SINGH KALSI, H.NO.B-79, VANASTHALIPURAM P.O., RITHU BAZAR, PHASE-I,
                 VANASTHALIPURAM TALUK, ANDRAPREDESH, PRESENTLY DETAINED IN SUB JAIL,
                 THIRUVANANTHAPURAM-695001.
       13        NODAL OFFICER,
                 DGM NETWORK OPERATION, CONSUMER MOBILITY, BSNL BHAVAN, ERNAKULAM-682016.
       14        VODAFONE IDEA LTD.,
                 V.J.TOWERS, VYTTILA, ERNAKULAM-682025, REP. BY NODAL OFFICER.
                 BY ADVS.
                 P.SATHISAN
                 GOVERNMENT PLEADER-T.V NEEMA(sr.)

       THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON   03.09.2021,   THE   COURT   ON

08.09.2021 DELIVERED THE FOLLOWING:
 W.P.(c) No.17845 of 2021

                                       2




                                  JUDGMENT

Dated this the 08th day of September, 2021

This Writ Petition is filed by the father of the 5 th accused

in crime No.10/2020 of Excise Enforcement and Anti Narcotic

Special Squad, Thiruvananthapuram, registered for an offence

punishable under Section 36A(1)(d) of Narcotic Drugs and

Psychotropic Substances Act, 1985 (for short, the NDPS Act).

2. The reliefs sought in the writ petition are:

"i) Writ of mandamus or any appropriate writ or order directing the respondents 13 and 14 to preserve the call details of respondents 3 to 12 with tower location till the disposal of NDPS CR No.10/2020 of Excise Enforcement and Anti Narcotic Special Squad Thiruvananthapuram which is now pending as SC No.553/2021 before Addl.

             District       and         Sessions         Judge-V,
             Thiruvananthapuram.


             ii)    Declare that the respondents 13 and 14 are

duty bound to preserve the call history of the respondents 3 to 12 with tower location; and W.P.(c) No.17845 of 2021

iii) Such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

3. The allegation of the petitioner was that accused Nos.1

and 2 were caught red handed by the excise team alongwith 501.5

Kg of Ganga, which was transported in a lorry bearing No.AP-29-

TB-3207. Based on the statements given by those accused,

petitioner's son was arrested and arrayed as 5 th accused. There is

nothing to connect the 5th accused with the crime. The 5th accused

had occasion to see the other accused from the jail. According to

him in fact, accused Nos. 1 and 2 were arrested on 04.09.2020 from

Mysore, brought to Kerala and the crime in question was registered

but, falsely shown in the records as arrested on 06.09.2020.

According to him, the call details of accused Nos.1 and 2 and that

of the Excise Officers would help him to unveil the falsity in the

prosecution case during trial.

4. Call details are called for from respondents 13 and 14.

Respondents 13 and 14 were served and they entered appearance W.P.(c) No.17845 of 2021

through Adv.P.Satheesan and Mathews K. Philip. According to

them the call details and tower location details will be available only

for one year and therefore, unless preserved, those would not be

available during trial, which is to take place much later. According

to them the call details could be furnished only in sealed cover and

the tower location details in coded form at the relevant time when

those are required during trial.

5. In the above circumstances, the W.P.(C) is disposed of

with a direction to respondents 13 and 14 to preserve the call details

of respondents 3 to 12 with tower location of mobile phone numbers

9847390451, 9447210914, 9446348588, 9447310012,

9447024024, 94400866859, 94496102000, 9847947420,

8281264407, 9966051524 of September 4, 5 and 6 of 2020 in the

manner they have undertaken to preserve it for enabling production

in evidence. This Court has passed only an order to preserve it and

it is for the Additional District and Sessions Court-V

Thiruvananthapuram, to decide whether the preserved materials W.P.(c) No.17845 of 2021

are liable to be called for and admitted in evidence. The affected

parties must be heard prior to doing so.

Sd/

MARY JOSEPH JUDGE JJ W.P.(c) No.17845 of 2021

APPENDIX OF WP(C) 17845/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED 21.01.2019 IN W.P(C)NO.40390/2018 OF THIS HON'BLE COURT.