Kaustuv Ray vs Enforcement Directorate
2023 Latest Caselaw 342 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                         C.R.R. 143 of 2023
                            Kaustuv Ray
                                Vs.
                      Enforcement Directorate

For the petitioner      : Mr. Dipak Sengupta, Sr.Adv.
                          Mr. Sandipan Ganguly, Sr. Adv.
                          Mr. Jaydeep Biswas, Adv.
                          Mr. Subhankar Nag, Adv.
                          Mr. Soumyadeep DAs, Adv.
                          Mr. Sachin Srivastava, Adv.

For the E.D.            : Mr. Arijit Chakrabarti, Adv.
                          Mr. Deepak Sharma, Adv.

Heard on                : 11.01.2023

Judgment On             : 11.01.2023.

Bibek Chaudhuri, J.

An order dated 10th January, 2023 passed by the learned

Special Judge, CBI, 1st Court Bichar Bhavan in connection M.L. Case

No.4 of 2019 is assailed in the instant revision.

The petitioner expressed his apprehension before the Trial Court

that there may be tampering with the evidence while extracting data

from the seized two mobile phones and one laptop. Therefore, the

petitioner made a prayer for examination and extraction of data from

the aforesaid electronic devices in presence of an independent

scientific expert in the field of cyber technology. The learned Trial

Judge rejected the said application on the ground that if any such

order is passed, it would be an instance of interfering with the process

of investigation.

I have heard the learned Senior Counsels on behalf of the

petitioner and the learned Advocate on behalf of the Enforcement

Directorate to whom copy of the instant application has been served

before hand. On careful consideration of the submissions made by

the learned Counsels for the parties, this Court is of the view that the

petitioner will not be prejudiced if on a particular date petitioner is

directed to be present in the office of the Enforcement Directorate and

the Investigating Officer is directed to prepare sealed cover of seized

mobile phones and laptop in his presence and the said articles are

sent to Central Forensic Science Laboratory for extraction of data. On

such proposal, both the parties have agreed.

Therefore, the petitioner is directed to attend the office of the

Enforcement Directorate on 13th January, 2023 at 2:45 p.m. and meet

Mr. Chandra Manishi Kumar, Assistant Director, E.D.

The above-named Assistant Director, E.D. is directed to place

the seized mobile phones and laptop in presence of the petitioner.

Petitioner shall verify the same and in his presence, the above-

mentioned electronic devices will be sealed. Signature of both the

petitioner and the Assistant Director, E.D. will be made on the sealed

cover as a mark of presence of both the parties at the time of sealing

and labelling and then the sealed cover will be sent to the CFSL,

Kolkata for scientific examination and extraction of data.

The CFSL Authority is also directed to verify as to whether the

signature of the petitioner and the Assistant Director, E.D. are appear

on the sealed cover or not and then only open the same for the

purpose of examination.

CFSL Authority is directed to submit the report with extract data

and seized electronic devices within a fortnight from the date of

receipt of the same.

In view of the said order nothing remains in the instant revision.

Accordingly, the instant revision is disposed of with the above order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.1.

S/L.