Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT11-000304-2026
Misc No. 137/2026
Sushil Kumar Vs. State
FIR No. 55/2014
P.S. Anti Corruption Branch
04.04.2026
Present: Mr. Vikash Kumar, Ld. Public Prosecutor for State.
Mr. Naved Adv., for the applicant.
IO ACP A.K. Singh is present.
IO has filed the reply to the application. The same is
taken on record.
Ld. Counsel for the applicant submits that during the
investigation in case FIR No. 55/2014, one mobile phone make
Realme along with SIM No. 9716764578 of ‘VI Network’ was
seized vide seizure memo dated 21.12.2024 and the said mobile
phone and SIM card were sent to FSL. He further submits that
the complete data extraction and analysis have been conducted
and the FSL report had also been filed in the court. He also
submits that the said mobile phone and SIM are no more
required for further investigation and continued retention of the
same is causing undue hardship to the applicant and therefore, he
has requested that the said mobile phone along with SIM card be
released to the applicant on superdari.
IO submits that since the FSL report has been
received and filed in the court, the physical custody of the
mobile phone is no longer required for further investigation. He
has stated that he has no objection if the said mobile phone and
SIM Card are released to the applicant on superdari. In fact, the
IO has also stated in his report that no data could be extracted
from the mobile phone.
Contd...2/-
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Heard the submissions and perused the record.
Perusal of record reveals that vide order dated
25.03.2026, this Court has declined to take cognizance of any
offence under Prevention of Corruption Act against the applicant
namely Sushil Kumar for lack of prosecution sanction. Further,
there is no dispute regarding seizure of mobile phone make
Realme along with SIM No. 9716764578 of ‘VI Network’ vide
seizure memo dated 21.12.2024. The said mobile phone and
SIM Card are stated to be lying in Malkhana, Anti Corruption
Branch, New Delhi and the IO has no objection if the same are
released to the applicant. Also, in the judgment of Hon’ble
Supreme Court in case of Sunderbhai Ambalal Desai V. State of
Gujarat (2002) 10 SCC 283, it is laid down that the release of the
case property may be permitted by the Court if it is not required
for the purpose of trial.
In view of the above, the application is allowed.
Anti Corruption Branch, New Delhi is directed to release the
mobile phone make Realme along with SIM No. 9716764578 of
‘VI Network’ seized vide seizure memo dated 21.12.2024 to the
applicant Sushil Kumar on superdari subject to furnishing an
undertaking with the SHO/IO by the applicant to produce the
same as and when directed to do so.
The application is, accordingly, disposed off.
Copy of this order be given dasti to the applicant.
(Dr. Ruchi Aggarwal Asrani)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts
New Delhi/04.04.2026
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