Final Order 5

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT11-000056-2025
MISC DJ ASJ 19/2025
FIR No.01/2024
PS : ACB
State Vs Harneet Singh Bindra
25.03.2025
This is an application moved by applicant/accused Harneet
Singh Bindra seeking release of mobile phone make “Apple iPhone”
alongwith SIM card bearing mobile no. 9818060111 on superdari.
Present : Sh. Sukhbeer Singh, ld. Chief P.P. for the State.
Sh. Lalit Kumar, Sh. Satendra Singh and Sh. Nitin Kumar,
ld. counsel for the applicant/accused Harneet Singh Bindra.
IO/ACP Jarnail Singh.
Reply filed by IO.
Ld. Counsel for the applicant/accused submits that
applicant/accused is a businessman and he was using his mobile phone
handset i.e. Apple iPhone device, which was seized during investigation
alongwith SIM card bearing mobile no. 9818060111. It is urged that the
applicant/accused is in need of said mobile number to contact his business
clients and vendors. It is urged that the said mobile phone is no more
required for further investigation and applicant/accused undertakes not to
delete the conversation on Whatsapp with other accused persons, which can
otherwise be obtained from WhatsApp company. It is stated that if a
duplicate SIM is used on another handset, it will not affect the data
contained in the mobile phone seized by the police. Accordingly, it is
prayed that the above-said mobile phone alongwith SIM be released to the
applicant/accused or in alternate applicant/accused may be permitted to
purchase another duplicate SIM bearing same mobile number for use till
further directions.
Ld. Chief P.P. for the State submits that as per reply filed
by IO, said mobile phone was seized from the applicant/accused as evidence
and same has already been sent to FSL for data retrieval, however, FSL
result is awaited despite having sent two request letters dated
Contd…..
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13.02.2025 and 19.03.2025. It is urged that the said phone is case property,
which is required for further investigation in this case. It is further urged
that request of applicant/accused for getting issued duplicate SIM of above-
said mobile number may also be disallowed as all Data/Accounts connected
with mobile/SIM No. 9818060111 can be accessed i.e. email, WhatsApp,
Telegram etc. and in this way said Applications can be installed on another
device and as such there is great possibility of removal of data from seized
device, which will impact the retrieval of entire data. It is urged that the
issuance of duplicate SIM card will lead to interference in the investigation
as the mobile data is a relevant piece of evidence and it should not be
permitted to be compromised. It is stated that earlier three similar
applications of applicant/accused have been dismissed for the same reason
and as such a prayer is made for dismissal of present application also.
Considering the above-said submissions and to maintain
the integrity of data, request for release of mobile phone handset make
‘Apple iPhone’ alongwith SIM card bearing mobile no. 9818060111 or
permission for issuance of duplicate SIM card of above-said mobile number
is hereby declined. Accordingly, present application stands disposed of as
dismissed.
Copy of this order be given dasti to Ld. Counsel for the
applicant/accused.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
25.03.2025
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