Kerala High Court
Laila vs State Of Kerala on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(CRL.) NO. 547 OF 2022
CRIME NO.140/2021 OF POOKOTTUMPADAM POLICE STATION,
MALAPPURAM
PETITIONER:
LAILA, AGED 49 YEARS,
W/O (L)LATE SHOUKKATH, PUTHIYATHU HOUSE,
PAYAMBADAM, POOKKOTTUMPADAM, MALAPPURAM-679 332
BY ADV. SRI.M.J.SANTHOSH
RESPONDENTS NOS.1 TO 6:
1 STATE OF KERALA, REP.BY SECRETARY TO HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM- 695 001
2 INSPECTOR OF POLICE, POOKKOTTUMPADAM POLICE
STATION, MALAPPURAM - 679 332
3 ABHILASH, CIVIL POLICE OFFICER
POOKKOTTUMPADAM POLICE STATION,
MALAPPURAM- 679 332
4 NIBIN DAS, CIVIL POLICE OFFICER,
POOKKOTTUMPADAM POLICE STATION,
MALAPPURAM - 679 332.
5 THE NODAL OFFICER, DGM NETWORK OPERATION,
CONSUMER MOBILITY, BSNL BHAVAN,
ERNAKULAM -682 016
W.P(Crl.) No.547 of 2022
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6 THE NODAL OFFICER, VODAFONE IDEA LTD,
V.J.TOWERS, VYTTILA, ERNAKULAM, PIN - 682 025
BY ADVs
R1 AND R2 BY SRI.RENJITH GEORGE,
SR.PUBLIC PROSECUTOR
R5 BY SRI.KRISHNAKUMARI K R
R5 BY SRI.MATHEWS K PHILIP
R6 BY SRI.P.SATHEESAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(Crl.) No.547 of 2022
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JUDGMENT
Dated this the 01st day of July, 2022.
This petition is filed under Article 226 of the Constitution of
India seeking for the following reliefs:
"1. Issue a writ of mandamus directing the 5 th and 6th
respondent to preserve the call history and the tower
locations of SIM of mobile phone numbers of
9497890036, 9497921602, 9961307562 and
9497963341 from 12.10 pm to 04.00 pm on 05/07/2021,
along with certification under section 65 B of Evidence Act
and also the address details of person in whose name this
SIM card is issued and to keep the document in safe
custody to furnish those document before the trial curt
while summons being served during trial.
2. Issue such other writ or orders or directions, which
this Hon'ble court may deem fit and proper in the interest
of justice and circumstances of the case."
2. The petitioner is the mother of the accused in Crime
No.140/2021 of Pookkotumpadam Police Station registered for
an offence punishable under Section 20(b)(ii)(C) of Narcotic
Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS
Act'). The petitioner's son was arrested and he is in judicial
W.P(Crl.) No.547 of 2022
custody since 05.07.2021. In the crime registered against him
final report was laid before Special Court for SC/ST (POA) Act
Cases, Manjeri and the final report was taken on file as
S.C.No.1281/2021. According to the petitioner the allegations
against her son are false and fabricated and her son denies the
alleged arrest and seizure of contraband on 05.07.2021 at about
3.30 pm at Amarambalam. According to the petitioner the falsity
could be brought to light, if the tower locations of mobile phones
of accused and respondent Nos.3 and 4 are called for, for use
during defence evidence.
3. The petitioner has already arrayed the service
providers of Vodafone and BSNL as the respondents in the
petition on hand. Notice was also issued to Civil Police Officers
who were arrayed as respondent Nos.3 and 4. Notices were
served on respondents 3 and 4 but none turned up.
4. Respondents 5 and 6 entered appearance through
their Standing Counsel. According to respondents 5 and 6, as
per the directions of the Department under which they act,
details of the nature sought would be preserved by them
respectively for 2 years and 1 year.
W.P(Crl.) No.547 of 2022
In the above circumstances, Writ Petition is allowed.
Respondents 5 and 6 are directed to preserve the details called
for, for a term of 2 years and 1 year respectively and shall made
those available on directions being issued by the trial court
during trial for the purpose of evidence.
Sd/-
MARY JOSEPH
JUDGE
NAB
W.P(Crl.) No.547 of 2022
APPENDIX OF WP(CRL.) 547/2022
PETITIONER'S ANNEXURES:
EXHIBIT P1 THE CERTIFIED COPY OF REMAND REPORT
EXHIBIT P2 THE CERTIFIED COPY OF WITNESS LIST
RESPONDENTS ANNEXURES : NIL
//TRUE COPY//
P A TO JUDGE
