IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 7^TH DAY OF FEBRUARY 2025/18TH MAGHA, 1946 CRL.MC NO. 57 OF 2025 CRIME NO.62/2024 OF EXCISE ENFORCEMENT AND ANTI NARCOTIC SPECIAL SQUAD, ERNAKULAM AGAINST THE ORDER/JUDGMENT IN CRMP NO.5520 OF 2024 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONER/ACCUSED NO.1:

MUHAMMED NIHAS T.N AGED 33 YEARS, S/O NAZAR, RESIDING AT THEKKINAKATH HOUSE, ERIYAD P.O, KODUNGALLORE, THRISSUR DISTRICT, PIN - 680666 BY ADVS.

K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL VISHNUMAYA ANANDAN SONYMON ANTONY SANALDEV E.P.

AJMAL V. KARIM RESPONDENTS/STATE AND COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 EXCISE CIRCLE INSPECTOR EXCISE ENFORCEMENT AND ANTI-NARCOTICS SPECIAL SQUAD, ERNAKULAM, PIN - 682018 SRI. M.C. ASHI, PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

07.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

Dated this the 7^th day of February, 2025 Petitioner is accused No.1 in Crime No. 62 of

2024 registered by the Excise Enforcement and Anti- Narcotics Special Squad, Ernakulam, for offences under Sections 20(b)(ii)(A), 25, 22(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2. At the time of his arrest, two mobile phones belonging to the petitioner were seized. The petitioner later moved an application under Section 503 of BNSS, seeking interim custody of the mobile phones. The Sessions Court having dismissed the application, this Criminal Miscellaneous Case is filed.

3. Learned Counsel for the petitioner contended that the mobile phones were seized way back on 10.10.2024 and no purpose is being served by retaining them.

4. Learned Public Prosecutor pointed out that, forensic examination of the phones has to be conducted, and interim release at this point of time will affect the investigation.

5. While it is essential to conduct forensic examination of the mobile phones, delay in sending the phones to forensic laboratory will cause substantial prejudice and hardship to the accused.

The Crl.MC is hence disposed of by directing the Investigating Officer to send petitioner’s mobile phones for forensic examination expeditiously. The petitioner can seek release of the mobile phones after they are subjected to forensic examination.

Sd/-

V.G.ARUN JUDGE ARK APPENDIX OF CRL.MC 57/2025 PETITIONER ANNEXURES ANNEXURE-1 TRUE COPY OF THE FIRST INFORMATION REPORT IN NDPS CRIME NO. 62/2024 OF EXCISE ENFORCEMENT AND ANTI-NARCOTICS SPECIAL SQUAD, ERNAKULAM ANNEXURE-2 TRUE COPY OF THE ORDER DATED 28.12.2024 IN CRL MP 5520/2024 IN CRIME NO. 62/2024 OF EXCISE ENFORCEMENT AND ANTI-NARCOTICS SPECIAL SQUAD, ERNAKULAM