Final Order 2

Order Details: COPY OF ORDER
Pdf Text: 48 MISC CRL 1158/2025 STATE Vs. UNKNOWN 80105359/2024 (NSP
Metro)
16.07.2025
Present: Sh. Rajinder Kumar, Ld. APP for the State.
Applicant in person with Ld. Counsel Ms.Vaishali Goyal.
This is an application for releasing of mobile phone make Oppo Reno 11
filed on behalf of applicant.
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
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 panchna case
titled as Sunder Bhai Ambalal Desai Vs. State of Gujrat, AIR 2003 SC 638 wherein it
has been held that
“59. 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. 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.
(EBBANI AGGARWAL)
Judicial Magistrate First Class-03
NW/Rohini, Delhi/16.07.2025
-- 1 of 1 --