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ANIL KUMAR CHOUDHARY
Sanoj Singh Aka @ Sanoj Kumar Singh @ Kishore Kumar, S/o Tapeshwar Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer for quashing the order dated 24.02.2023 passed by the learned Sessions Judge, Bokaro in Misc. Criminal Application No. 828 of 2022 in connection with S.T. Case No. 406 of 2022, arising out of Jaridih P.S. Case No. 135 of 2022 by which the learned Sessions Judge, Bokaro rejected the prayer for release of the mobile handset and vehicle seized bearing registration no.JH-09AK-3031.
3. The brief facts of the case is that Jaridih P.S. Case No. 135 of 2022 has been registered with the allegation that the petitioner abducted the informant of the case and attempted to murder him, committed theft and wrongfully confined him and assaulted him.
4. Police during the investigation of the case, seized the Station Wagon CRETA 1.6 CRDI SX bearing registration no. JH-09AK-3031, and a mobile handset of XIOMI 11 Lite NE5G mobile handset bearing IMEI No.860588055247251.
5. The petitioner filed a petition for release of the mobile handset and the vehicle in his favour. The learned Sessions Judge, Bokaro has observed that charges have been fram
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.
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.
Lawful owners of seized property may reclaim items pending trial under certain conditions to prevent devaluation and ensure compliance with legal processes.
Seized property should be released if not required for trial, in line with Supreme Court directives for judicious custody management.
The provisions of the Cr.P.C. providing for interim custody are not inconsistent with the NDPS Act.
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