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2012 Supreme(Bom) 1300

A.M.KHANWILKAR, A.R.JOSHI
Ramesh Shivji Upadhyay – Appellant
Versus
Central Government of India – Respondent


Advocates appeared:
For the Petitioner: Ms. S.D. Khot, Amicus Curiae, Ms. Rohini Salian, Spl.P.P. for U.O.I.
For the Respondent: Ms. M.H. Mhatre, A.P.P.

Judgment :-

P.C.

1. Heard learned amicus curiae and the Special Counsel for the respondents.

2. Two reliefs have been claimed in this petition received through jail. The first relief is to direct the respondents to hand over the mobile set of the petitioner which was recovered from him. The second relief is to direct the respondents to supply copy of the Narco-Analysis test report pertaining to the petitioner.

3. As regards the first relief, we fail to understand as to how the Court can accede to that relief when the petitioner is in jail. It is not the case of the petitioner that the mobile set should be handed over to some relative of the petitioner to be carried outside the jail. In any case, since the mobile set has been recovered from the petitioner by the police and is subject matter of pending trial, it cannot be handed over to the petitioner till the conclusion of the trial or until an order for return of property is passed by the appropriate Court. We are, therefore, not inclined to accede to the first relief claimed by the petitioner.

4. As regards the second relief of supplying him the Narco-Analysis test report, the Special Counsel for the respondents states that the pro




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