Rakesh vs State Of Rajasthan (2024:Rj-Jd:38806)
2024 Latest Caselaw 8219 Raj

Rajasthan High Court - Jodhpur

Rakesh vs State Of Rajasthan (2024:Rj-Jd:38806) on 19 September, 2024

[2024:RJ-JD:38806]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6060/2024

Rakesh S/o Hadmana Ram Bishnoi, Aged About 27 Years, R/o
Vishnoiyo Ki Dhani, Birai, P.s. Kherapa Dist. Jodhpur Rural
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Birbal Ram Bishnoi
For Respondent(s)         :     Mr. Vikram Singh Rajpurohit, PP
                                Mr. R.S. Bhati, AGA



               HON'BLE MR. JUSTICE ARUN MONGA

Order

19/09/2024

1. Under challenge before this Court is an order dated

03.06.2024 passed by the learned Special Judge (NDPS Cases)

Rajsamand, in Criminal Misc. Case No.88/2024 pertaining to FIR

No.45/2022, dated 28.05.2022 under Sections 8/18, 8/25 of

N.D.P.S. Act, registered at Police Station Baar, District Rajsamand.

Vide impugned order, release of one mobile phone in question i.e.

Mobile set Vivo Company on supardari, has been declined.

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

owner of the mobile phone in question. Same has been seized by

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

get it back on Supurdari.

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.

[2024:RJ-JD:38806] (2 of 2) [CRLMP-6060/2024]

Criminal Revision Petition No.961/2022, decided on

22.08.2022.

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

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 further directed that mobile is 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 a real owner of mobile in-

question.

7. Disposed of accordingly.

(ARUN MONGA),J 120-DhananjayS/-

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