Aslam vs State Of Rajasthan (2024:Rj-Jd:41200)
2024 Latest Caselaw 8842 Raj

Rajasthan High Court - Jodhpur

Aslam vs State Of Rajasthan (2024:Rj-Jd:41200) on 8 October, 2024

[2024:RJ-JD:41200]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6681/2024

Aslam S/o Umrav Khan, Aged About 21 Years, R/o Bapini P.s.
Phalodi, District Barkat Colony, P.s. Phalodi, District Phalodi.
                                                                        ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)             :    Mr. Kamal Rathore
For Respondent(s)             :    Mr. H.S. Jodha, PP



               HON'BLE MR. JUSTICE ARUN MONGA

Order

08/10/2024

1. Under challenge before this Court is an order dated

30.08.2024 passed by the learned Additional Sessions Judge

(Special Judge NDPS Cases) Phalodi, District Jodhpur in Criminal

Misc. Application No.358/2024 pertaining to FIR No.196/2024,

dated 18.05.2024 under Sections 8/21, 22 and 29 of N.D.P.S. Act,

registered at Police Station Phalodi, District Jodhpur. Vide

impugned order, release of mobile phones in question i.e. Vivo

mobile (IMEI No.868519067091702 and 868519067091710),

Redmi Mobile phone (IMEI No.865136047880535) on supardari,

has been declined.

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

owner of the mobile phones in question. Same have been seized

by the Police Officers. Petitioner being the owner is best entitled to

get it back on Supurdari.

[2024:RJ-JD:41200] (2 of 2) [CRLMP-6681/2024]

3. Learned Public Prosecutor opposes the instant criminal Misc.

petition on the ground that the same are case property.

4. Reference may be had to judgment rendered by a Coordinate

Bench of this Court in Mana Ram Vs. State of Rajasthan: S.B.

Criminal Revision Petition No.961/2022, decided on

22.08.2022.

5. In the premise, the trial Court is directed to release Mobiles

in-question on Supurdaginama in favour of petitioner subject to

the petitioner taking steps to transfer the entire data of mobile at

his own cost by providing a hard-disk / memory card or pen drive,

which shall be kept in judicial custody and produced as and when

required by the trial Court at appropriate stage.

6. It is made clear that mobiles are being released on interim

custody till conclusion of the trial, provided the petitioner

furnishes a Supurdarinama and surety of like amount to the

satisfaction of the learned Court below. Needless to say, trial Court

shall make verification that the petitioner is the real owner of

mobiles in-question.

7. Disposed of accordingly.

(ARUN MONGA),J 44-DhananjayS/-

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