ORDER

This Crl.M.C is filed to quash the order dated 04.09.2023 in Crl.M.P No.2021 of 2023 on the file of the Special Court for SC/ST (POA) Act and NDPS Act cases, Manjeri. This a petition filed under Section 451 Cr.P.C. by the petitioner, who is an accused in Crime No.34 of 2023 of Excise Range, Ponnani. The offence alleged are punishable under Sections 22 (b) and 29 of the NDPS Act. According to the petitioner, his mobile phone was seized by the excise officials when he was arrested and the petitioner seeks release of the mobile phone. The same is dismissed by the learned Judge stating that the mobile phone may have to be tendered in the evidence during trial to prove the petitioner’s arrest. Aggrieved by the same, this Crl.M.C is filed.

2. Heard the counsel for the petitioner and the public prosecutor.

3. The public prosecutor submitted that the CDR details are already taken from the service provider and it is kept in the court. After hearing both sides and also going through the impugned order, I am of the considered opinion that the order passed by the learned special Judge is not in tune with the principle laid down by the Apex Court inSunderbhai Ambalal Desai v. State of Gujar