Crl.R.C. No.1391 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA

Crl.R.C.No.1391 of 2023

Poormina

...Petitioner

Vs.

State represented by

The Inspector of Police

PEW Anna Nagar Unit

Chennai District

... Respondent

Prayer : Criminal Revision filed under Sections 397 & 401 Cr.P.C.

against the order dated 27.06.2023 passed by the learned Special Judge

for EC/NDPS Act Cases, Chennai, in Crl. M.P. No.3734 of 2023.

For Petitioner : Mr.A. Samson

For Respondent

: Mr. R.Vinothraja, GA (Crl. Side)

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Crl.R.C. No.1391 of 2023

ORDER

The present Revision Petitioner is the wife of the 1st accused in

Crime No. 224/2023 of PEW Anna Nagar Unit. The respondent police

arrested A1 and A2 for having illegal possession of 2.200 Kgs of ganja

and remanded them to Judicial custody on 28.03.2023 and 01.04.2023

respectively. The contra band and the mobile phone were seized from

A1 by the respondent police from the scene of occurrence and the same

were produced before the learned Special Judge for EC/NDPS Act Cases,

Chennai, which were later returned to the respondent police for safe

custody.

2. The present petitioner filed a petition in Crl.M.P. No.3734

of 2023 under Section 451 Cr.P.C. before the Special Judge for

EC/NDPS Act Cases, Chennai, for the return of Oppo F19 Pro+ Mobile

phone, which was seized by the respondent police in connection with the

above crime number by stating that she is the owner of the said phone

and she is not an accused in this case. The learned trial court judge

dismissed the said petition vide her orders dated 27.06.2023 on the

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Crl.R.C. No.1391 of 2023

ground that since the case is still under investigation, the mobile phone

cannot be returned to the petitioner. Aggrieved over the same, the present

petition is filed.

3. Heard Mr.A. Samson, learned counsel for the petitioner and

Mr. R.Vinothraja, GA (Crl. Side) for the respondent.

4. Mr.G.M. Gokulram, learned counsel for the petitioner

contended that the petitioner is the sole bread winner of her family and

she needs the mobile phone for her daily office use. He further contended

that the mobile phone would get damaged if it is not used for a long time.

He therefore, prayed for return of the mobile phone.

5. Mr. R.Vinothraja, Government Advocate (Crl. Side)

appearing for the respondent contended that the investigation is almost

completed and that the police would be filing the final report before the

concerned court. He did not raise any serious objection for return of the

mobile phone to the present petitioner.

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Crl.R.C. No.1391 of 2023

6. In such circumstances, this Criminal Revision Petition is

allowed and the impugned orders dated 27.06.2023 passed by the learned

Special Judge for EC/NDPS Act Cases, Chennai, in Crl. M.P. No.3734 of

2023, is set aside. The respondent police is directed to return the mobile

phone to the present petitioner on the following conditions :

i) The petitioner shall execute a bond for a sum of Rs.5,000/-

(Rupees Five Thousand Only) before the learned Special Judge

for EC/NDPS Act Cases, Chennai.

ii) The Court may prepare a panchanama in Judicial Form No.82

with regard to Oppo F19 Pro+ Mobile phone, and such

panchanama can be used in evidence.

iii)the petitioner shall take photograph of the Oppo F19 Pro+ Mobile

phone, and certified under Section 65B of the Central Act 1 of

1972 and such photographs may be used as secondary evidence.

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Crl.R.C. No.1391 of 2023

iv) the petitioner shall not alienate or encumber the mobile phone in

any manner;

v) the petitioner shall give an undertaking that she will not use the

mobile phone for any illegal activities in future,