Final Order 2

Order Details: COPY OF ORDER
Pdf Text: 53 MISC CRL 1278/2025 MD SALMAN Vs. STATE 80030351/2025
(NSP
Metro)
31.07.2025
Present: Sh. Rajinder Kumar, Ld. APP for the State.
Applicant in person with Ld. Counsel Ms Guriya Kumari.
This is an application for releasing of mobile phone make
Redmi Note 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.
Perusal shows that the owner of the mobile phone is Md.
Shahrukh and today is the applicant has furnished one NOC issued by Md.
Shahrukh whereby he has not objected to release of the mobile phone to
applicant. Let the NOC be taken on record.
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.
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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/31.07.2025
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