Order 29

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IA/5/2024
In
CC No. CBI/ 64/2023
RC-221 E0014 2023
CBI Vs. HIMANSHU @ RINKU ASIJA AND ORS.
28.08.2024
ORDER
1. This order shall dispose of an application u/s 451 CrPC r/w
Sec. 457 CrPC filed on behalf of accused/applicant Sahil Pal
seeking release of the mobile phones seized by the CBI on
25.07.2023. The application is contested by the Prosecution.
2. In the application, it is submitted that on 25.07.2023, a
search was carried out by the CBI at the premises of the
accused/applicant Sahil Pal whereby various articles and
documents, including 6 mobile phones were seized. The mobile
phones contain personal information, photographs and
documents of the applicant and his family members, the lack of
which has put many urgent works of the applicant on hold. It is
further submitted that the mobile phones have no direct or
indirect connection with the offences alleged against the
applicant and are not required for any evidence as they do not
contain any incriminating material or information.
3. It is further submitted that the CBI has not followed the
CBI Crime Manual in terms of the law laid down by the Hon’ble
Supreme Court in
Ram Ramaswami & Ors. vs. Union of India &
Ors., W.P. (Crl) No. 138 of 2021. Hence, the seized mobile
phones be released to the applicant after taking mirror image of
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the same after following the guidelines as per the CBI Crime
Manual.
4. In response, it is submitted that the mobile phones seized
from the premises of accused/applicant Sahil Pal contain
incriminating evidences, including information about large
network of money launderers; the incriminating evidences found
in the seized mobile phones are provided in documents numbered
D-16 to D-21 and D-27 filed along with the charge-sheet; further
investigation is underway and the seized mobile phones have
been sent to CDAC, Thiruvananthapuram and the report is
awaited. It is further submitted that the seized mobile phones are
case property and the CFSL report may reveal evidences relating
to encrypted or deleted data. It is further submitted that the seized
mobile phones were identified, imaged/cloned and forensically
examined at the place of search in the presence of technical
experts and independent witnesses and the sanctity of the seized
articles was maintained. Hence, the digital devices cannot be
handed over to the accused/applicant Sahil Pal.
5. I have heard the Ld. Counsel for the applicant and the Ld.
APP for the CBI.
6. Ld. Counsel for the applicant submitted that during the
search conducted on 25.07.2023, 6 mobile phones were seized by
the CBI from the premises of the applicant. The applicant was
granted bail by the Hon’ble High Court of Delhi vide order dated
20.10.2023. The Hon’ble Supreme Court has directed all Central
Govt. Agencies to follow CBI Crime Manual with respect to the
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digital devices. The CBI Crime Manual has not been followed by
the CBI which is evidence from the fact that they have mentioned
the IMEI numbers of the mobile phones after turning the mobile
phones on which could not have been done. More than an year
has passed since the mobile phones were seized and by this time,
mirror image of the mobile phone must have been taken and no
purpose will now be served by keeping the phones with CBI.
7. Ld. APP, on the other hand, submitted that the present RC
was registered on source information that Ashish Bhambhani
along with accused/applicant Sahil Pal were involved in illegal
activities of impersonating Govt. officials and in pursuance to
that, committing crypto frauds using computer resources. It is
further submitted that charge-sheet has already been filed in court
and cognizance has been taken on the basis of evidences
collected by the CBI. Further investigation is pending and the
seized mobile phones have been sent to CDAC,
Thiruvananthapuram.
8. I have considered the rival submissions.
9. Admittedly, further investigation is going on in the instant
case and the seized mobile phones have been sent by the
Investigating Agency to CDAC, Thiruvananthapuram. The report
of CDAC is awaited. Since the mobile phones have been sent to
CDAC, Thiruvananthapuram for forensic examination, the
mobile phones cannot be released to the accused/applicant Sahil
Pal at this stage.
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10. Accordingly, the application is dismissed.
11. Copy be given dasti.
(NISHANT GARG)
ACJM-2 cum ACJ
RADC New Delhi/28.08.2024
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