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2021 DAILYLAW 2458 (RAJ)

MAHENDRA GURJAR SON OF ROODMAL v. STATE OF RAJASTHAN

CRLMP/1311/2021 · 2026-03-23

Anoop Kumar Dhand

body2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1311/2021 Mahendra Gurjar S/o Roodmal, aged about 19 Years, R/o Balesar, Naurangpura, Police Station Viratnagar, Jaipur. ----Petitioner Versus State of Rajasthan, through Public Prosecutor ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr.N.S. Dhakar, PP JUSTICE ANOOP KUMAR DHAND Order 23/03/2026 1. By way of filing the instant criminal misc. petition, a challenge has been led to the impugned order dated 16.01.2021, passed by the Special Judge, NDPS Cases, Jaipur Metropolitan-I, by which the application submitted by the petitioner under Section 457 Cr.P.C. for getting possession of the seized mobile on supurdagi. 2. Contents of the petition indicate that the mobile of the petitioner has been seized by the Investigating Officer in Case No.164/2020 connection with the F.I.R. No.1090/2019 registered at Police Station Kanota, District Jaipur registered for the offence under Section 8/20 of NDPS Act. 3. An application was submitted by the petitioner for getting the possession of the said mobile on supurdagi, however, the same has been rejected by the Court below on the ground that huge quantity of Ganja was recovered at the instance of the (2 of 2) [CRLMP-1311/2021] accused and several conversations were done with the mobile between him and other accused persons. Since the material evidence is present in the memory of the mobile and its card and the same would be required at the appropriate stage of the trial, considering the above facts and circumstances of the case, a cogent, reasoned and detailed order has been passed, which does not require any interference of this Court. Accordingly, the instant petition stands dismissed. 4. Stay application and all pending application, if any, also stand dismissed. (ANOOP KUMAR DHAND),J Aayush Sharma /21