M.R. Pathak, J.

Heard Mr. A.K. Rokhum, learned Public Prosecutor, Mizoram appearing for the petitioner and Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. H. Lalmalsawmi, learned counsel appearing for the accused respondent.

2. Brief fact of the case is that on 13.12.2013 the informant (present Chief Minister of the State) lodged a written FIR before the Officer-in-Charge of Aizawl Police Station stating that around 07:00 pm on 11.12.2013, he received a malicious SMS from a Mobile Phone No. 8575891878' alleging that he indulged in certain malpractices during the last concluded Mizoram Assembly Election and by the said FIR the informant requested the O.C. concerned to take appropriate legal action against the perpetrator of the said serious crime. Accordingly, the said FIR was registered on 14.12.2013 and was numbered as Aizawl PS Case No. 373/2013 under Sections 171G IPC read with Sections 66A (a) & (b) of the Information Technology Act. During investigation, a mobile handset of NOKIA E72 bearing IMEI No. 353784040626139 from which said malicious SMS was presumed to be sent as per the investigating authority was seized from the house of the accused respondent on