Final Order 1

Order Details: COPY OF ORDER
Pdf Text: CBI Vs. Avnish Kumar & Ors.
RC No. 2182025A0010 (Misc. DJ ASJ No. 440/2025)
CBI, AC-III, New Delhi.
under Section 61 (2) of BNSS
r/w Section 7, 7A and 12 of PC Act
(as amended in 2018)
14.05.2025.
Present: Sh. Anil Bansal, Ld. PP for CBI.
IO Insp. Prakhar Moond from AC-III, CBI.
Applicant/accused Anil Tanwar in person with Ld.
counsels Sh. Harsh K. Sharma and Sh. Surinder Malik.
An application has been moved by applicant/accused
Anil Tanwar for releasing the entire set of mobile phones along with
their respective SIM cards or in alternative permission to obtain a
fresh/duplicate SIM cards from respective service providers.
It is stated in the application that during investigation,
the CBI officials had taken two mobile phones from the personal
possession of the applicant and one mobile phone during the course of
house search of the applicant/accused from the possession of his son.
It is further submitted that since the applicant/accused and his son uses
the mobile internet banking services, therefore all the ‘OTP’ and other
necessary messages relating to normal banking transactions are sent
by the respective bank branches on the mobile phones, therefore, non
availability of the mobile phones and the SIM card i.e mobile numbers
detailed before is creating obstacles for the applicant and his son to
use banking services as per normal banking procedure. It is therefore
prayed that entire set of mobile phones along with their respective
SIM cards or in alternative permission to obtain a fresh/duplicate SIM
cards from respective service providers may kindly be given.
Reply to the application has been filed by CBI wherein
it is stated that the mobile phones were seized during investigation of
the case and are thus case properties. It is further submitted that the
investigation is going on and the said mobile phones have been sent to
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CFSL for analysis and opinion and the said phones may have potential
to become relied upon material which may be required for further
proceedings in the instant case. It is further submitted that as far as
the requirement of SIM cards is concerned for normal banking
transactions, CBI has no objection, if the applicant/accused is applying
for a fresh SIM cards for that purpose. It is further submitted that the
mobile phone of son of accused has also been sent to CFSL for
analysis and opinion and the said mobile may also have potential
material which may be required to be relied upon at a later stage. It is
further submitted that CBI has no objection if the son of the accused
apply for a fresh SIM cards.
I have heard both the parties and gone through the
record.
As the CBI has already sent the mobile phones to CFSL,
Delhi, therefore, the mobile phones can not be released at this stage.
However, CBI has no objection, if the applicant/accused Anil Tanwar
or his son Sh. Shrey Tanwar are allowed to take fresh SIM cards of
the same mobile numbers from the respective Telephone Service
Provider. Accordingly, applicant/accused Anil Tanwar and his son
Sh. Shrey Tanwar are allowed to take fresh SIM cards of the same
mobile numbers from the respective Telephone Service Provider.
Application is disposed of accordingly. Copy of the order be given
dasti.
(MUKESH KUMAR)
Spl. Judge CBI-05 (PC Act)
RADC, New Delhi
14.05.2025.
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