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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
Criminal Misc(Pet.) No. 4628/2025
For the Appellants/Petitioners: Mr. Sunil Vishnoi
For the Respondents: Mr. Narendra Gehlot, PP
The court allows the release of seized property under controlled conditions to safeguard judicial proceedings.
Headnote:The petitioner seeks the release of a seized mobile phone under Section 528 of BNSS through a criminal miscellaneous petition. The court finds no opposition from the prosecution regarding the ownership claim of the mobile phone by the petitioner and allows the petition while imposing conditions to ensure no tampering. The court ultimately directs the mobile be released to the petitioner with specified stipulations ensuring its availability for legal proceedings.
| 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 criminal Court and, therefore, now there is no apprehension of petitioner tampering with the evidence. On these grounds, learned counsel prayed that the impugned order dated 21.05.2025 passed by the competent criminal Court may be quashed and set aside and the mobile phone (Iphone 15, IMEI No.353823611315936 and 353823611357987) may be released in favour of the petitioner.
4. Learned Public Prosecutor was not in a position to refute the above position.
5. Heard learned counsel for the parties. Perused the impugned order dated 21.05.2025.
6. In view of aforesaid submissions made at the Bar, the present criminal misc. petition filed on behalf of the petitioner under Section 528 BNSS is allowed and the learned trial Court is directed to release the mobile phone (Iphone 15, IMEI No.353823611315936 and 353823611357987) seized by the investigating agency in favour of the petitioner by imposing the following conditions:-
A. The petitioner shall keep the mobile phone (Iphone 15, IMEI No.353823611315936 and 353823611357987) intact and shall not change is configuration.
B. The petitioner shall produce the mobile phone (Iphone 15, IMEI No.353823611315936 and 353823611357987) as and when the learned trial Court requires the same for proposed identification of the case properly.
C. The petitioner shall execute Supurdaginama and bonds by two sureties to the satisfaction of the learned trial Court.
D. The petitioner shall otherwise not part with; or convert it, by any of his act or omission to such state which would amount to it being rendered useless; or make its contents inaccessible; till the final disposal of the case.
E. The learned trial Court shall be empowered to impose any other conditions, which it may deem fit at the time of release of the mobile phone (Iphone 15, IMEI No.353823611315936 and
353823611357987).
