The court emphasized the need for judicial discretion in releasing seized items, ruling that continued custody of the mobile phone was unjustified as no further analysis was required.

ORAL ORDER

1. Rule returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule for respondent/s – State.

2. The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under Article 227 of the Constitution of India for the release of the muddamal – mobile phone and to quash and set aside the impugned orders refusing to release the muddamal.

3. Learned advocate for the petitioner submitted that on registration of the FIR being C.R. No.11191011220120 of 2022 registered with the D.C.B. Police Station, Ahmedabad City for the offences mentioned therein, the mobile phone in question has been seized as muddamal in connection with the aforesaid offence.

4. Learned advocate for the petitioner submitted that for the release of the vehicle in question, the petitioner had approached the concerned Magistrate Court, however, the said application came to be rejected and, hence, the petitioner had approached the concerned Sessions Court against the said order, which also came to be rejected and, therefore, the present petition is filed for the release of the muddamal – mobile phone in question. Further, under the instructions, it is submitted that the petitioner is the registered owner of the mobile phone in question and till date, the said muddamal in question is not involved in any other case and even no one has claimed for the interim custody of the mobile phone and if the interim custody of the said mobile phone is handed over to the petitioner, the petitioner will abide by the conditions that may be imposed by this Court while handing over the muddamal. Therefore, it is urged that this petition may be allowed on suitable conditions.

5. Learned APP for the respondent-State has strongly objected the submissions made by learned advocate for the petitioner and submitted that the vehicle in question was used for transporting narcotic drugs and psychotropic substances illegally by the accused and if this muddamal would be released, it may be used for transporting the same by the petitioner. However after referring to the documents produced on record with regard to ownership, it is submitted that the petitioner is the owner of the said muddamal – mobile phone.

6. Considering the submissions made by the learned advocates for the respective parties, this Court is of the opinion to exercise the powers under Articles 226 and 227 of the Constitution in favour of the petitioner/applicant at this stage.

7. Further, considering the report submitted by the police authority dated 08.11.2023 which is already on record, the said muddamal – mobile phone is not send to FSL for analysis, which shows that the authority does not feel proper to get the information further from that muddamal - mobile phone till today, as the said muddamal is seized on 04.10.2022. Therefore, continuing the mobile phone in police custody as muddamal, for various reasons, hardly turns out to be a factor for furtherance of dispensation of justice, on conclusion of the trial, as and when that stage is reached.

8. Further, the Co-ordinate Benches of this Court in number of cases have released such vehicles. Keeping in mind the same, taking any different view would not be proper.

9. Resultantly, this application is allowed. The impugned orders are hereby quashed and set aside. The authority concerned is directed to release the muddamal – mobile phone of the petitioner i.e. Vivo-V-21 having IMEI Nos.866088058665330 and 866088058665322, on the terms and conditions that the petitioner shall :

(i) furnish a solvent surety of the amount equivalent to the value of the mobile phone in question as per the value disclosed in the seizure memo or panchnama;

(ii) file an undertaking before the trial Court that prior to alienation or transfer in any mode or manner, prior permission of the concerned Court shall be taken till conclusion of the trial;

(iii) also file an undertaking to produce