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2024 Supreme(Online)(DEL) 15836

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 280/2023 MOHD ABDUL REHMAN .....Appellant Through: Mr. Sarim Naved, Mr. Akram Khan and Mr. Harsh Kumar, Advocates (M:

9999821341).

versus STATE NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar APP with Insp.

Mr. Ravinder Kumar Tyagi PS R.K. Puram, Insp. Alok Kumar Special Cell..

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

Advocates:
SARIM NAVED

O R D E R

% 10.09.2024

1. This hearing has been done through hybrid mode.

2. Thepresent appeal under Section21ofNational InvestigationAgency, Act, 2008 challenging impugned judgement dated 10th February, 2023 in Sessions Case No. 9378/2015. On the last date of hearing, i.e., 20th August, 2024 submissions on behalf of ld. Counsel for Appellant were concluded. Vide order dated 20th August, 2024, this Court had directed the State to produce retrieved data of the Appellants mobile phone. The Court had directed as under:

“4. The data retrieved by the Cert-In from the mobile phones of the Appellant and of Mohd. Asif and Zafar Masood @ Guddu which are from PDF pages 2060 to 2063 of the Trial Court Record (‘LCR’) may be uploaded on a pen drive and be produced before the Court on the next date of hearing by the Registry.

5. The data in CD at digital PDF page no. 3421 be also downloaded and be placed on a pen drive.”

3. Today, in terms of the previous order, the pen drive has been produced before this Court which contains the data alleged to have been retrieved from the Appellant’s mobile phone (branded Samsung and Micromax). Out of the said two files, there are two audio files which, the prosecution alleges, containshateandanti-nationalspeeches. Thetablewithrespecttotherelevant audio files is as under:-

Description
Make: Samsung Model: GT-S3600i (GSM) IMEI:353876051349716
Make: Micromax Model: A-I09 (GSM) IMEI: 911375605910144

4. Let thetranscript of thesaid audio files beplaced on recordby the next date of hearing with advance copy to the ld. Counsel for the Appellant.

5. The pen drive which was produced from the Malkhana today may be re-sealed and placed back in the Malkhana. The pen drive is returned to the ld. APP through the Investigating Officer, Mr. Ravinder Kumar Tyagi. The data downloaded from the pen-drive by the court master be retained in a password protected file.

6. This is a part-heard matter.

7. List on 26th September, 2024.

PRATHIBA M. SINGH, J AMIT SHARMA, J SEPTEMBER 10, 2024/MR/Bh/Sc

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