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SUDESH BANSAL
Mahendra Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Sudesh Bansal, J. - Instant petition has been filed by petitioner under Section 482 CrPC, challenging the order dated 01.04.2024 passed in case No.51/2024 by the Additional Sessions Judge, Bhawani Mandi, District Jhalawar whereby application to release the mobile phone of petitioner seized in connection with FIR No.99/2023 registered at Police Station Dug, District Jhalawar under Section 341, 307, 324, 326 411 and 120B IPC and Sections 5/27, 3/25, 5/25 of the Arms Act, has been dismissed.
2. Heard counsel for parties and perused the material available on record.
3. Counsel for petitioner submits that during investigation in the aforesaid FIR, mobile phone Android One Note Plus Note CE 5G of petitioner has been seized. Now the investigation is complete and the mobile is laying in custody of the police for no use. If there is any connecting or incriminating evidence is in the mobile, the data of the same can be saved, but mobile instrument may be released to petitioner on supurdgi as in absence of same, petitioner is facing hardship in performing his day to day workings. Reliance has been placed on Sunderbhai Ambalal Desai v. State of Gujarat [(2002) 10 SCC 283].
4. Learned P
The court emphasized the need for expeditious disposal of seized property while ensuring the rights of the accused are protected, allowing the release of the mobile phone under specific conditions.
The provisions of the Cr.P.C. providing for interim custody are not inconsistent with the NDPS Act.
The court held that ownership proof, such as purchase bills, can justify the release of seized property under Section 451 Cr.P.C., even after initial dismissal by the trial court.
The court emphasized the necessity of evidence linking seized items to alleged criminal activity for their continued detention, ruling that lack of such evidence warrants their release.
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