Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-004954-2025 C. C. No. 240/N/2025
Shabir Ali Waris Ali Farooqui
V/s. P. Stn.-Santacruz
ORDER
1. The present application for return of seized property i.e.
Samsung Fold 5 12/512gb, mobile handset, seized by the Santacruz
police station in connection with C. R. No.1397/2024, registered
U/Sec.318 (4) of The Bharatiya Nyaya Sanhita, 2023 r/w.s. 66(C),
66(D) of I. T. Act.
2. I.O. strongly objected to return the said mobile to the
applicant on the ground that, in view of evidence said mobile is very
important, many illegal APPs were installed in said mobile. Ld. A.P.P.
objected to release the mobile, as it was used for commission of offence,
hence, having evidential value, accused may tamper it or may destroy
or disappear it.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced xerox Copies of
F.I.R., remand papers, his Aadhar Card, Tax Invoice. Application is well
supported by affidavit of applicant. On perusal of record it reflects that,
alleged mobile is use for commission of alleged offence. During trial
seized device may be useful for a piece of evidence. If alleged
muddemal is returned to accused he may delete the alleged data stored
in seized mobile. Trial yet to be complete. Alleged offence is under
section 66 and 67 of Information Technology Act along with other
offence. In such situation electronic evidence is material to reach up to
the root of cause. In such circumstances, it is not feasible to handover
alleged mobile to applicant. Applicant is not entitled to receive the
seized mobile on the count of piece of evidence. In the result, following
order is passed :-
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ORDER
The application is hereby rejected.
Mumbai.
Date :10/07/2026.
SRD.
(S. M. Ghuge)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 10/07/2026.
Transcribed on :- 10/07/2026.
Checked on :- 10/07/2026.
Signed on :- 10/07/2026.
SRD
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