Gopal vs State Of Rajasthan (2025:Rj-Jd:7499)
2025 Latest Caselaw 6697 Raj

Rajasthan High Court - Jodhpur

Gopal vs State Of Rajasthan (2025:Rj-Jd:7499) on 6 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:7499]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 445/2024

Gopal S/o Shivdayal, Aged About 27 Years, R/o Achalpura Road,
Chhoti Sadri, P.s. Chhoti Sadri, District Pratapgarh. (Raj)
                                                                      ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Vijay Kumar Gaur
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A. with
                                   Mr. Ravindra


                HON'BLE MR. JUSTICE FARJAND ALI

Order

06/02/2025

1. By way of filing the instant misc. petition, a challenge is

made to the order dated 14.12.2023 passed by the learned

Special Judge, NDPS Act Cases, Pratapgarh whereby the

application filed by the petitioner under Sections 91 and 311 of

Cr.P.C. and Section 165 of the Evidence Act has been rejected. The

main thrust of the argument of the learned counsel for the

petitioner would be that the story as narrated in the parcha

kayami report is distinctly converse to the factual situation. He

urges that when the petitioner was apprehended, he was standing

near a bank and a car bazar and he was not having any

contraband with him and on the other hand, by foisting a false

case, a farce recovery has been shown in his name. He further

urges that the crime scene must have been captured in the CCTV

cameras installed at the bank and the car bazar and for the

purpose of fair investigation and elicitation of truth, the footages

which must have been captured in the CCTV cameras be directed

[2025:RJ-JD:7499] (2 of 2) [CRLMP-445/2024]

to produce in trial so that the truth may be separated from

falsehood.

2. On 26.02.2024, this Court had directed the Superintendent

of Police to instruct the concerned to preserve the data related to

the present matter.

3. The issue involved in the present case is squarely covered by

the judgment passed by the Coordinate Bench of this Court is

similar circumstance in the case of Chotha Ram & Anr. Vs.

State of Rajasthan passed in SBCRLMP No.3672/2023

decided on 04.03.2023.

4. Accordingly, the present misc. petition is allowed in terms of

the order passed by a Coordinate Bench of this Court in the case

of Chotha Ram (supra).

5. The order dated 14.12.2023 passed by the learned Special

Judge, NDPS Cases Court, Pratapgarh in Criminal Misc. Case

No.175/2023 is hereby quashed and set aside. The learned Court

shall issue necessary directions to the bank concerned and car

bazar, description of which is mentioned in the application filed by

the petitioner to provide the footages of CCTV cameras of the

relevant date and time. The requisite certification shall be made.

The stored material shall be kept on the record of the sessions

case. Both the parties shall be able to use the same to

substantiate the charge as well defeat the charge.

6. Stay petition stands disposed of.

(FARJAND ALI),J 15-divya/-

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