Sadam Hussain vs State Of Rajasthan (2024:Rj-Jd:39058)
2024 Latest Caselaw 8261 Raj

Rajasthan High Court - Jodhpur

Sadam Hussain vs State Of Rajasthan (2024:Rj-Jd:39058) on 20 September, 2024

[2024:RJ-JD:39058]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6358/2024

Sadam Hussain S/o Mohd. Khan, Aged About 27 Years, Barkat
Colony, Ward No. 25 Phalodi.
                                                                           ----Petitioner
                                       Versus
State Of Rajasthan, Through Pp
                                                                         ----Respondent


For Petitioner(s)             :    Mr. Kamal Rathore
For Respondent(s)             :    Mr. Vikram Singh Rajpurohit, PP
                                   Mr. R.S. Bhati, AGA



               HON'BLE MR. JUSTICE ARUN MONGA

Order

20/09/2024

1. Under challenge before this Court is an order dated

03.06.2024 passed by the learned Additional Sessions Judge

(NDPS Cases) Phalodi, District Jodhpur in Criminal Misc.

Application No.302/2024 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 one mobile phones in question i.e.

IPhone (IMEI No.357589730642288 and 357589730378347),

Oppo Rena phone (IMEI No.867426064922916) and Iphone 14

Pro (IMEI No.358168380450349) 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:39058] (2 of 2) [CRLMP-6358/2024]

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 further directed that mobiles are 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 mobiles in-

question.

7. Disposed of accordingly.

(ARUN MONGA),J 123-DhananjayS/-

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