Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 71 MISC CRL
1476/2026
STATE Vs. UNKNOWN
80015485/2026 (NSP Metro)
22.05.2026
Undersigned is also looking after the work of Ms. Divya Singh Ld.
JMFC (Mahila Court-01) NW, in pre lunch Sessions.
This is an application for releasing of mobile phone make iPhone 16
plus filed on behalf of applicant Dhruv Bhatia.
Present: Ms. Tanya Uppal, Ld. APP for the State.
Dileep Bhatia, father of applicant in person.
Reply filed by IO. IO has stated in the reply that he has no objection
if the mobile phone is released to the applicant.
Instead of releasing the articles on superdari, I am of the considered
view that the aforesaid mobile phone has to be released as per directions of
Hon'ble Supreme Court in case titled as Sunder Bhai Ambalal Desai Vs. State of
Gujrat, AIR 2003 SC 638 wherein it has been held that
“59. The valuable articles seized by the police may be released to the
person, who, in the opinion of the Court, is lawfully entitled to claim such as the
complainant at whose house theft, robbery or dacoity has taken place, after
preparing detailed panchnama of such articles, taking photographs of such articles
and a security bond.
60. The photographs of such articles should be attested or
countersigned by the complainant, accused as well as by the person to whom the
custody is handed over. Whenever necessary, the court may get the jewellery
articles valued from a government approved valuer.
61. The actual production of the valuable articles during the trial
should not be insisted upon and the photographs along with the panchnama should
suffice for the purposes of evidence.
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The view of the Hon'ble Supreme Court has been reiterated by
Hon'ble Delhi High Court in case titled as Manjit Singh Vs. State in Crl. M.C. No.
4485/2013 dated 10.09.2014.
Considering the facts and circumstances and law laid down by
higher courts, the above said mobile phone as per seizure memo be released to the
applicant on furnishing security bond as per valuation report of the article. IO is
directed to get the valuation done of the article prior to the release the same to the
applicant as per directions of Hon'ble Supreme Court.
Application is accordingly disposed off.
Copy of this order given dasti to the applicant.
(AAKANKSHA)
JMFC-03/N/w Rohini Courts
New Delhi/22.05.2026
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