1 2025:CGHC:52904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 3262 of 2025  Sagar Kachhwaha S/o Lt. Murari Lal Kachhwaha Aged About 30 Years R/o- 17/249, Old Bus Stand, Moti Complex, Opposite S.B.I. Bank, Bilaspur, District- Bilaspur (C.G. ... Petitioner(s) versus  State Of Chhattisgarh Through- P.S.- Kota, Distt.- Bilaspur (C.G.) ---- Respondent For applicant : Mr. Satyendra Srivas, Advocate For State : Mr. Ajit Singh, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 30/10/2025 1. This petition under Section 528 of the BNSS, 2023 is directed against the order dated 29.09.2025 (Annexure P-1) passed by the learned Special Judge (N.D.P.S. Act) dated 29.09.2025 whereby the learned court has rejected the application of petitioner under Section 497 of B.N.S.S. for delivery of possession of mobile phone of the applicant which was seized in connection to crime number 263/2024 registered at Police Station Kota, District Bilaspur for o>ence under Section 21 & 22 of the N.D.P.S action. 2. Brief facts of the case are that, the petitioner is owner of mobile phone Apple I-Phone bearing IMEI number 353504867872438, which was said to be involved in the crime registered at police station Digitally signed by JYOTI JHA Date: 2025.10.30 18:45:32 +0530 2 - Kota under crime number 263/2024 for o>ence punishable u/s 21 & 22 of N.D.P.S. Act, due to which the mobile phone was seized by the Kota police. The petitioner has Aled an application U/s 497 of the B.N.S.S. for delivery of possession of mobile phone before the learned Special Judge (N.D.P.S. Act), Bilaspur (C.G.) which was rejected by the learned court by holding that the co-accused Shivam Khatik @Aditya @ Aditya Kachhuwaha is absconding. The F.I.R. was registered under crime number 263/2024, P.S.- Kota, Dist. Bilaspur, against Brijesh Kachhuwaha and Shivam Khatik @ Aditya @Aadi Kachhuwaha u/s 21& 22 of N.D.P.S. Act, in which the accused Shivam Khatik @ Aditya @ Aadi Kachhuwaha remained absconding while Brijesh Kachhuwaha was arrested on 24/03/2024 and after completion of trial convicted by the learned Special Sessions Judge (N.D.P.S. Act) Bilaspur (C.G.) for o>ence u/s 21(c) with imprisonment of 10 years R.I. & Fine of Rs. 1 Lakh in Special Sessions Case No. 79/2024 between State of C.G. Vs. Brijesh Kachhuwaha by judgment dated 16/09/2025. The other co-accused person namely Shivam Khatik @ Aditya @ Aditya Kachhuwaha has been expired on 28/03/2025. The petitioner's mobile phone is still kept in P.S. Kotasince from the date of Incident and trial has been completed. Hence this petition. 3. Learned Counsel for the applicant contended that trial has been completed and the accused Brijesh Kachhuwaha has been convicted by the learned Special Judge (N.D.P.S. Act). The other co-accused namely Shivam Khatik @ Aditya @ Aadi Kachhuwaha who remained 3 absconded has been expired on 28/03/2025. The mobile phone is an electronic device and if kept idle for long time it may get damaged. There is no speciAc allegation that the mobile phone for which the present application is being moved has been used in the alleged crime. Therefore, he prays that his mobile phone may be released. 4. On the other hand, learned State Counsel would oppose the prayer made by the counsel for the applicant. 5. I have heard learned counsel for the parties and perused the documents with utmost circumspection. 6. On perusal of the records, it transpires the fact that the trial in the aforesaid crime has already been concluded and the one accused person has been convicted and other co-accused person has expired. At this stage, this Court is of the opinion that the seized mobile phone belonging to the petitioner is no longer required for the purpose of investigation or trial and as the said device is an electronic item, prolonged retention may cause it to deteriorate and lose its utility and there is no speciAc allegation or evidence to suggest that the said mobile phone was used in the commission of the alleged o>ence, therefore, it is ordered that the petitioner’s mobile phone i.e. Apple iPhone bearing IMEI No. 353504867872438 be released forthwith in his favour. 7. Accordingly, the present CRMP stands allowed. Sd/- (Arvind Kumar Verma) Judge