Neutral Citation No. - 2025:AHC:138636 Reserved Court No. - 18 (Through V.C.) Case :- CRIMINAL REVISION No. - 6168 of 2024 Revisionist :- Ram Pandey Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sudhanshu Pandey Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard Sri Sudhanshu Pandey, learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 26.9.2024 passed by the learned Additional Sessions Judge, Court No.3, Azamgarh in Criminal Misc. Case No.02/2024 (State Vs. Ratnakar) whereby, the application filed by the revisionist for release of his i-phone having SIM No.9454390031, had been rejected. 3. It has been contended on behalf of the revisionist that his brother was arrested in connection to the Case Crime No.110/2024 registered under Sections 8/20, 27A/29 of the N.D.P.S. Act, 1985 in Police Station Kotwali, District Azamgarh. It has further been contended that at the time of arrest of the revisionist's brother, two i-phones including i-phone having SIM No.9454390031 were recovered from his possession. 4. Since the revisionist is owner of the i-phone having SIM No.9454390031 and the same was with his brother at the time of his arrest therefore, he filed an application for release of the said mobile phone and the case was registered as Criminal Misc. Case No.02/2024 (State Vs. Ratnakar). 5. Learned Additional Sessions Judge, Court No.3, Azamgarh, vide order dated 26.9.2024, had rejected the application filed by the revisionist for release of his i-phone on the ground that the said mobile phone had been recovered from possession of the accused and since it is an electronic gazette and is subject matter of evidence therefore, if the said mobile phone is released in favour of the revisionist, there is every possibility of tampering the evidence. 6. Learned counsel appearing for the revisionist has argued that the revisionist is owner of the i-phone having SIM No.9454390031 and there is no material available on the record, on the basis of which, it can be said that the said mobile phone has been used by the accused in the crime in question. He has further argued that once there is no evidence with the prosecution regarding use of the revisionist's mobile phone in the crime in question and there is no dispute about the ownership of the said mobile phone, there cannot be any occasion for the court concerned to reject the application filed by the revisionist for release of the said mobile phone but in most arbitrary manner, the application for release had been rejected by the court concerned vide impugned order dated 26.9.2024. 7. Learned Additional Government Advocate appearing for the State though has opposed this criminal revision but could not point out any material available in the Case Diary of the Case Crime No.110/2024, on the basis of which, it can be said that the revisionist's i-phone having SIM No.9454390031 has been used by the accused in the crime in question. 8. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that there is no dispute that the i-phone having SIM No.9454390031 belongs to the revisionist. I further find that there is no material available in the Case Diary of the crime in question that the revisionist's mobile phone has been used by the accused in the crime. 9. This Court is of the view that once the revisionist's i-phone having SIM No.9454390031 has not been used in the crime in question and there is no dispute regarding the ownership of the said i-phone, there is hardly any occasion for the trial court to withhold the mobile phone and reject the application filed by the revisionist for release of the said mobile phone. 10. In view of the aforesaid reasons, this criminal revision is allowed. The order dated 26.9.2024, passed by the learned Additional Sessions Judge, Court No.3, Azamgarh in Criminal Misc. Case No.02/2024 (State Vs. Ratnakar) in connection to the Case Crime No.110 of 2024 under Sections 8/20, 27A/29 of the N.D.P.S. Act, 1985 Police Station Kotwali, District Azamgarh, is hereby set aside. The competent court and the competent authority are directed to release the revisionist's i-phone bearing red colour cover and having SIM No.9454390031, in his favour, forthwith. Order Date :- 14.8.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad