Punjab-Haryana High Court
Guljit Singh Alias Gurjit Singh Alias ... vs State Of Punjab on 28 July, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
In the High Court of Punjab & Haryana at Chandigarh
Criminal Revision No. 4 of 2008
Date of decision : 28.7.2008
Guljit Singh alias Gurjit Singh alias Bada ..... Petitioner
vs
State of Punjab ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. J. B. S. Gill, Advocate, for the petitioner.
Mr. R. S. Rawat, Assistant Advocate General, Punjab.
Rajesh Bindal J.
The prayer in the present petition is for release of the mobile recovered from the petitioner at the time of his personal search. The petitioner in the present case is an accused in FIR No.61 dated 10.5.2007 registered against him under Section 21 of the NDPS Act. At the time of his personal search a mobile and a sum of Rs. 18,000/- were recovered.
Counsel for the petitioner submitted that in the present case the mobile is not a case property and accordingly the same deserves to be returned to the petitioner. Prayer of the petitioner was rejected by the court below with the observations that the mobile may have been used by the petitioner for the purpose of sale of intoxicants to the customers.
Keeping in view the fact that the mobile is not a case property, however, the same may be required by the court at any stage of evidence, the petitioner is permitted to get the same released subject to such conditions as the court below may deem it appropriate to impose in addition to furnishing of surety for a sum of Rs. 5000/- and also an undertaking before the court that as and when the mobile set will be required in the court, he shall produce the same.
The petition is disposed of in the manner indicated above.
28.7.2008 (Rajesh Bindal) vs. Judge