Chattisgarh High Court
Shivam Raghuvanshi And Others vs State Of Chhattisgarh on 12 January, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1319 of 2019
1. Shivam Raghuvanshi S/o Shri Ramsaran Raghuvanshi Aged About 24 Years R/o
Ahmedpur Village, Police Station Bareli, District Raisen (Madhya Pradesh)., District
: Raisen, Madhya Pradesh
2. Purshottam Malviya Mannulal Malviya Aged About 26 Years R/o Chabra Village,
Police Station Bareli, District Raisen (Madhya Pradesh)., District : Raisen, Madhya
Pradesh
3. Anup Kumar Yadav Ashok Yadav Aged About 27 Years R/o Tendukhera, Police
Station Tendukhera, District Narsinghpur (Madhya Pradesh)., District :
Narsimhapur, Madhya Pradesh
4. Devendra Raghuvanshi S/o Surendra Raghuvanshi Aged About 24 Years R/o Devri
Village, Police Station Devri, District Raisen (Madhya Pradesh)., District : Raisen,
Madhya Pradesh
5. Badri Prasad S/o Jamuna Prasad Aged About 31 Years R/o Khairana, Police
Station Tendukhera, District Narsinghpur (Madhya Pradesh)., District :
Narsimhapur, Madhya Pradesh
---- Appellants
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station City
Kotwali Dhamtari, District : Dhamtari, Chhattisgarh
---- Respondent
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12/01/2022 Shri Kanwaljeet Singh Saini, Counsel for the Appellants.
Ms. Binu Sharma, PL for the State/Respondent.
Heard on IA No. 03/21, application for release of seized mobile
phone of Appellant No.1 - Shivam Raghuvanshi.
By the impugned judgment dated 29.08.2019, passed by the
learned Special Judge(NDPS Act), Dhamtari, District - Dhamtari (C.G.) in
Special Criminal Case (NDPS Act) No.123/2018, the appellants stand
convicted and sentenced as under :
Conviction Sentence
Under Section 20(B)(ii)(C) of Rigorous imprisonment for 10 years
Narcotic Drugs and Psychotrophic each & fine of Rs.1,00,000/- in default
Substance Act, 1985. of not payment of fine 6 months of
additional rigorous imprisonment.
Considering the fact that the appellant No.1 - Shivam
Raghuvanshi is the registered owner of the black colour android mobile
of MI Company in which Vodafone sim No.7566628625 and one jio
company sim No.6260711596 has been inserted, it is of no use to keep
the seized mobile along with the sim cards at the police station for a long
time, it is directed that the said mobile and sim cards seized in
connection with Crime No.339/2018 registered at Police Station - City
Kotwali, Dhamtari, C.G. shall be released to the appellant No.1 - Shivam
Raghuvanshi, on supurdnama after taking on record the relevant
information, if any, gathered from the said mobile, on the following
conditions :-
(a) appellant No.1 shall execute a bond in a sum of
Rs.50,000/- with two solvent sureties to the satisfaction of
the trial Court.
(b) he must satisfy the court that he is the registered owner
of the mobile.
(c) he shall not transfer or dispose of the mobile to any one
else and shall not make any change in its body, colour. It
is needless to say that make, colour, number of the
mobile shall be furnished by him before the trial Court
with an undertaking that no damage shall be caused or
no part of the mobile be substituted.
(d) he shall also file an undertaking before the trial Court
that the mobile shall not be used for commission of
offence; and before giving interim custody of the mobile
to him, three coloured photographs of cabinet size from
different angles clearly indicating mobile i.e. MI company
black colour android phone and other particulars of the
mobile shall be kept on file. The expenses for the
photographs shall be borne by the appellant No.1.
(e) If any relevant information/content is there in the mobile,
the same shall be taken on record.
(f) he shall produce mobile before trial Court as and when
required.
List this case for final hearing in due course.
Sd/-
(Gautam Chourdiya)
Judge
yasmin
