Rajasthan High Court - Jodhpur
Ashish vs Union Of India (2025:Rj-Jd:7976) on 10 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:7976]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1614/2024
Ashish S/o Shri Bhanwar Lal Choudhary, Aged About 23 Years,
R/o Jatto Ka Mohalla, Chanderiya, Putholi, Dist. Chittorgarh.
----Petitioner
Versus
1. Union Of India, Through Cbn Chittorgarh Special Pp
2. Shubham S/o Shri Bhanwar Lal Choudhary, Aged About
23 Years, R/o Jatto Ka Mohalla, Chanderiya, Putholi, Dist.
Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Shekhar Mewara
For Respondent(s) : Mr. K.S. Nahar, Special PP for CBN
with Mr. Gopal Singh
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
10/02/2025
Petitioner has filed this criminal revision petition under
Section 397/401 Cr.P.C. (Section 438/442 BNSS) to assail the
impugned order dated 24.09.2024 passed by learned Special
Judge, NDPS Act Cases No.1, District Chittorgarh whereby the
learned trial Court dismissed the application under
Section 451 Cr.P.C., moved by the petitioner for releasing/handing
over the two mobile phones i.e. (1) Vivo V25 PRO (12/256 GB)
Blue & (2) I-Phone 15 Plus, 128 GB Blue on 'supurdgi'.
Learned counsel for the petitioner submits that originally the
mobile phones were seized along with the vehicle under Section
102 Cr.P.C. by the police for commission of offence punishable
under Section 8/18 of NDPS Act in connection with FIR
No.02/2024 and the phones are under the custody of CBN, District
Chittorgarh. Counsel further submits that charge-sheet in this
case has already been presented and the mobile phones in
[2025:RJ-JD:7976] (2 of 3) [CRLR-1614/2024]
question are unnecessarily lying in the police custody and the
same may get damaged. Hence, it is prayed that the mobile
phones in question may be released on 'Supardginama'.
Learned Special Public Prosecutor has opposed the prayer
made by the counsel for the petitioner and prays for dismissal of
the revision petition.
I have heard learned counsel for the petitioner and learned
Special Public Prosecutor and perused the material available on
record.
The learned trial court dismissed the application under
Section 451 Cr.P.C., moved by the petitioner for releasing/handing
over the two mobile phones i.e. (1) Vivo V25 PRO (12/256 GB)
Blue & (2) I-Phone 15 Plus, 128 GB Blue on 'supurdgi' on the
ground that the petitioner failed to submit any proof which shows
that the said seized mobile phones belongs to the petitioner. But
now, the petitioner has enclosed the bills of the mobile phones in
question with the present revision petition which shows that the
mobile phones belong to the petitioner and the charge-sheet in
this case has already been presented, therefore, this Court deems
it appropriate to allow this criminal revision petition.
Accordingly, the criminal revision petition is allowed and the
order dated 24.09.2024 passed by the trial court is hereby
quashed to the extent of refusing to release the mobile phones in
question on 'supurdgi' and it is ordered that two mobile phones
i.e. (1) Vivo V25 PRO (12/256 GB) Blue & (2) I-Phone 15 Plus,
128 GB Blue be released on 'supardgi' till the completion of the
trial upon following conditions:-
(a) the petitioner furnishes a personal bond in the
sum of Rs.1,00,000/- each with two sureties of
[2025:RJ-JD:7976] (3 of 3) [CRLR-1614/2024]
Rs.50,000/- each to the satisfaction of the trial Court
undertaking to produce the mobile phones in
question in the Court as and when required to do so.
(b) the petitioner shall get the mobile phones
photographed and such photograph shall be taken in
the presence of the Investigating Officer, to be kept
on the file of the case.
(c) the personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
petitioner and his/her/their sureties and the bond of
sureties shall further carry the photograph of persons
identifying them before the Court which is with full
residential particulars of the sureties and the persons
identifying them.
(d) the petitioner shall undertake not to sell mobile
phones in question to anyone and not to make or
allow any changes to be made so as to make
unidentifiable.
(MANOJ KUMAR GARG),J
19-mSingh/-
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