Interim custody of seized property denied pending forensic examination; court directs prompt lab dispatch.

ORDER

Challenging the impugned order passed by the learned Judicial Magistrate, Vadipatti, in Cr.M.P.No.68/2026 dated 09.02.2026, this Criminal Revision Case is filed.

2. The learned counsel for the Petitioner submitted that the petitioner had filed a petition under Section 497 and 503 of BNSS, seeking interim custody of Blue colour Vivo cell phone with Airtel SIM card in mobile number 8838964934 and Red colour Samsung cell phone with Airtel SIM card and mobile number 8610645572 which was impounded as case property by the respondent police in Crime No.474 of 2025 which was registered as against the petitioner for the offences under sections 3(2)(a), 5(1)(a), 8(a)ITP Act and Section 143 of BNS, 2023. However, rejecting the petitioner's petition and dismissing the same, the impugned order came to be passed. Challenging the same, this Criminal Revision Case is filed.

3. The learned counsel for the petitioner categorically contended that the interim custody of a seized property cannot be refused to be returned by the learned trial Court when the petitioner is always ready to produce the same as and when required. However, the same was not considered and sought the indulgence of this Court.

4. The learned Government Advocate (Crl.side), Mr. M. Sakthi Kumar, categorically contended that there is no question of returning the said property at this point of time because the same has been subjected to forensic investigation and an application has been duly made before the learned Trial Court in this regard and the mobile phones are yet to be sent to the forensic lab for obtaining a report. Pending the same, the mobile phones cannot be returned. However, sought for dismissal of the same.

5. Heard either sides and carefully perused the materials available on record.

6. It is seen that the phones were seized as early as in the month of December 2025 itself. Even after lapse of 3 months, the respondent police, without taking any steps for sending the same for forensic verification, only after filing this Criminal Revision Case, has proceeded to file an application before the learned Trial Court.

7. In this regard, the learned Judicial Magistrate, Vadipatti, is directed to forthwith dispatch the said mobile phones to the Regional Forensic Science Laboratory, Chennai. The respondent police is directed to obtain the forensic report within a period of 4 months from the date of receipt of a copy of this order. On receipt of the report, the petitioner is permitted to make a fresh application before the learned Trial Court and thereafter the learned Trial Court may pass appropriate orders in the manner known to law.

8. With the above direction, this Criminal Revision Case is disposed of. No costs.