IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Joyal Hossain S/o.Jahangir Hossain, No.5/165/03 W-05, Rangamati, Werst Tripura, Tripura - 799 181 Petitioner(s)

Vs

1. The State Rep By Its, The Inspector of Police, J-13 Tharamani Police Station, Chennai Cr.No.52 of 2025 Respondent(s)

CRL RC No. 2522 of 2025 PRAYER To set aside the order dated 03.09.2025 made in Crl.M.P.No.5438 of 2025 in Cr.No.52 of 2025 on the file of the Principal Special Court Under EC AND NDPS ACT, at Chennai and allow the above Criminal Revision.

CRL RC No. 2522 of 2025 For Petitioner(s): M. Murugan P.Krishnakumar For Respondent(s): Dr.C.E. Pratap, Govt Advocate

ORDER

This Criminal Revision Case has been filed to set aside the order dated

03.09.2025 made in Crl.M.P.No.5438 of 2025 in Cr.No.52 of 2025 on the file of the Principal Special Court Under EC AND NDPS ACT, at Chennai and allow the above Criminal Revision.

2. The petitioner is an accused in Crime No.52 of 2025 registered for the offences punishable under Sections 8(c) r/w 22(b) and 29(1) of the NDPS Act. Pursuant to the registration of the FIR, the respondent seized the petitioner's iphone 15 pro mobile phone. Therefore, the petitioner filed a petition seeking return of the property stating that he is owner of the iphone and it is difficult for him to attend his work without any proper communication. However, the same was dismissed on the ground that the mobile phone would be a vital piece of evidence.

3. The learned counsel for the petitioner submitted that only based on the confession statement the petitioner has been implicated in this case and there is no recovery from the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for respondent raised strong objections for return of mobile phone.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. A perusal of the records reveals that the iphone 15 pro mobile phone.

was seized by the respondent police from the petitioner and the same was deposited before the Trial Court. On seeing the facts, the iphone 15 pro mobile phone. of the petitioner have nothing to do with the alleged offence.

7. In view of the above, this Court is inclined to order the return of the the iphone 15 pro mobile phone. Accordingly, the order dated 03.09.2025 in Crl.MP.No.5438 of 2025 on the file of the Principal Special Court Under EC AND NDPS ACT, at Chennai is hereby set aside. The Principal Special Court Under EC AND NDPS ACT, at Chennai is directed to return the iphone 15 pro mobile phone to the petitioner, forthwith on the following conditions:-

(i) the petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the concerned Magistrate to the credit of Crime No.52 of

2025 pending on the file of the respondent police.

(ii) the petitioner shall deposit the original invoice or bill of the phone before the concerned Magistrate.

(iii) the seized items should be photographed at the cost of the petitioner herein and a list is to be prepared and the same is to be signed by the petitioner.

(iv) the petitioner shall not alienate and shall not make any alteration in the mobile.

(v) the petitioner shall produce the mobile phone before the Court and the respondent police as and when required; (vi) If any of the conditions are violated, this order automatically stands cancelled.

26-11-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To.

1. Principal Special Court Under EC AND NDPS ACT, at Chennai

2. The Inspector of Police, J13, Tharamani Police Station.

3. The Public Prosecutor, High Court, Madras T.V.THAMILSELVI J.

Smn 2025

26-11-2025