Akbar Khan vs State Of Rajasthan
2023 Latest Caselaw 6118 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 194/2023

Akbar Khan S/o Shri Rana Khan, Aged About 45 Years, R/o Chouhtan, Tehsil Chouhan, District Barmer.

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Abhishek Purohit, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/08/2023

1. By way of filing of the instant criminal revision petition,

challenge has been made to the order dated 23.11.2022

passed by the learned Special Judge, NDPS Act Cases

(Additional Sessions Judge, No.1), District Barmer in

Criminal Misc. Case No.1338/2022 pertaining to FIR

No.275/2020 registered at Police Station Kotwali, District

Barmer whereby the prayer made by the petitioner for

releasing the mobile phone (Vivo), driving licence, ATM Card

(Bank of Baroda) and Aadhar Card and cash of Rs.20,000/-

has been declined.

2. Learned counsel for the petitioner submits that he is the

owner of the said mobile phone (Vivo) and that the driving

licence, the ATM Card (Bank of Baroda) and the Aadhar Card

belong to the him and reflect his identity and the same have

been seized by the Police Officers. He further submits that

(2 of 2) [CRLR-194/2023]

the petitioner being the owner of the belongings mentioned

above, is the person best entitled to get back their

possession. There is no other person claiming Supurdagi of

the same. Neither the mobile nor the three cards have any

direct or indirect nexus with the alleged crime.

3. Learned Additional Government Advocate opposed the

instant criminal revision petition.

4. Considering the submissions and following the judgment

rendered by Hon'ble the Supreme Court in the case of

Sunderbhai Ambalal Desai Vs. State of Gujarat,

reported in AIR 2003 SC 638, the revision petition is allowed

and this Court deems it just and appropriate to release the

mobile phone (Vivo), driving licence, ATM Card (Bank of

Baroda) and Aadhar Card in favour of the petitioner on

interim custody till conclusion of the trial provided he

furnishes a Supurdaginama of Rs. 20,000/- and surety of

like amount to the satisfaction of the Court below and

provided that the call data of the handset as well as the sim

contained in the handset, if any, shall be taken on record

before the release of the handset and the petitioner shall not

raise any question with regard to identity of the mobile

phone allegedly recovered from him.

(FARJAND ALI),J 13-Ashutosh/-

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