Final Order 1

Order Details: COPY OF ORDER
Pdf Text: 75
MISC CRL 3114/2026
DLNW020735582026
STATE Vs. UNKNOWN
FIR No. 80055269/2026 (NSP Metro)
19.08.2026
This is an application for releasing of mobile phone filed on behalf of
applicant Chetan Gupta.
Present: Ms. Tanya Uppal, Ld. APP for the State.
Mr. Hansh Sharma, Ld. Counsel for the applicant through VC.
Reply filed by IO. IO has stated in the reply that he has no
objection if the mobile phone i.e I phone make 13 256 GB 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.
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.
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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)
Judicial Magistrate First Class-03
NW/Rohini, Delhi/19.08.2026
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