JEEVAN Vs. STATE

JUDGEMENT

(1.) Challenging the order of dismissal dtd. 15/3/2024 in Crl.M.P.No.452 of 2024, passed by the learned Principal Special Judge under NDPS & EC Act at Chennai, the petitioner, who is the owner of the mobile phone, is before this Court with the present Revision.

(2.) Mr.A.Vinoth Kumar, the learned counsel appearing for the petitioner would submit that the petitioner is the owner of the mobile phone, bearing Model No."Apple iPhone 13 (128 GB)-Midnight having colour of Black, IMEI No.350112337364722, filed a petition in Crl.M.P.No.452 of 2024, before the learned Principal Special Judge under NDPS & EC Act at Chennai, and the same was dismissed by the trial Court. He further submitted that the petitioner is no way connected with the offence. A1 being the relative of the petitioner taken his Mobile for some urgency. The petitioner undertakes to produce the Mobile Phone before the trial Court as and when required.

(3.) Mr.Hasan Mohammed Jinnah, the learned State Public Prosecutor would submit that on 16/11/2023, at about 07.00 hrs., the respondent police received secret information about the illegal transport of Gana near Mahendra City, Green Biji Guest House. The respondent went to the scene of occurrence along with his team and found two persons viz., Akshay/A1 and Irshad/A2 were standing there on suspicious manner. They were questioned and latter from them 1.350 Kgs of Ganja and two Mobile Phones, "Apple" and "Redmi" were seized. The seized articles were produced before the Court in A.No.84/2024, B.No.218/2024, respectively dtd. 12/1/2024 and 13/3/2024. The petitioner, who is uncle of Akshay/A1 filed a petition before the trial Court seeking return of mobile phone. The trial Court dismissed the petition for the reason investigation not completed.