O R D E R Dated this the 24^th day of February, 2026 The petitioner is the first accused in Crime No.

1260/2025 registered by the Tirur Police Station, Malappuram, alleging the commission of the offences punishable under Sections 20 (b)(ii) B read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (NDPS Act, for short).

2.The petitioner has stated in the Criminal Miscellaneous Case that, the Investigating Officer has seized the petitioner’s mobile phones. Seeking interim custody of the mobile phones, the petitioner has filed an application before the Special Court for SC/ST(POA) and NDPS Act Cases, Manjeri. However, by Annexure 3 order, the Special Court has dismissed the application on the ground that the mobile phones are necessary for the investigation of the crime. Annexure 3 order is erroneous and unsustainable in law. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned Public Prosecutor, on instructions, submit that, the mobile phones have been forwarded to the Forensic Science Laboratory for the forensic examination. Only after the FSL report is received, can the petitioner aspire