Judgment

11/07/2025 The present criminal revision petition under Section 438 /442 BNSS has been filed by the petitioner to assail the impugned order dated 27.05.2025 passed by learned Special Judge, NDPS Act Cases, Pratapgarh whereby the learned trial court dismissed the application under Section 503 BNSS, moved by the petitioner for releasing/handing over the mobile phone i.e. Apple Company on ‘supurdgi’.

Learned counsel for the petitioner submits that charge-sheet in this case has already been presented and the mobile phone in question is unnecessarily lying in the police custody and the same may get damaged. Hence, it is prayed that the mobile phone in question may be released on ‘Supardginama’. Learned counsel for the petitioner, in support of his arguments, has placed reliance on a decision of the co-ordinate Bench of this Court rendered at Jaipur Bench in Prakash Chand Vs. State of Rajasthan reported in 2010(1) Cr.L.R.(Raj.) 507 . In the aforesaid judgment, the vehicle and other articles were seized from the accused for carrying contraband of small quantity just above the commercial quantity.

It is in that background, the Court has acceded to the prayer of the incumbent and