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2025 Supreme(Online)(Raj) 13147

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Sadasukh S/o Poona Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sunil Vishnoi
For the Respondents: Mr. Narendra Gehlot, PP

Table of Content
1. petition for release of seized property (Para 1 , 2 , 3)
2. public prosecutor's non-opposition (Para 4)
3. court's decision and conditions for release (Para 5 , 6)

Order

08/07/2025

1. By way of filing the present criminal misc. petition under Section 528 BNSS , the petitioner has prayed for the following reliefs:-

“It is, therefore most humbly and respectfully prayed that this misc. petition may kindly be allowed and impugned order dated 21.05.2025 passed by learned Special Judge, NDPS Cases (Addl. Sessions Judge No. 1), Nagaur in Criminal Misc. Case No. 52/2025 may kindly be quashed and set aside and I-Phone-15 IMIE No. 353823611315936 and 353823611357987 may kindly be ordered to be release to the petitioner on superdginama.”

2. Learned counsel for the petitioner submitted that if the mobile phone (Iphone 15, IMEI No.353823611315936 and 353823611357987) seized by the investigating agency is not released in favour of the petitioner, the same shall remain unuseful.

3. Learned counsel submitted that apart from the petitioner, no other person is claiming the ownership of the seized mobile phone. The evidence of prosecution has already been completed before the competent c

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