GULLE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Revision Petition has been filed by the petitioner challenging the order dtd. 21/6/2025 passed by the learned special judge, NDPS Act (Additional session judge No. 1), Bikaner, in sessions case No. 177/2024. By the impugned order, the learned Trial Court directed the release of the seized mobile phone of the accused Shakil Khan, in FIR No. 248/2024 registered at Police Station Sadar Bikaner, but only after the expiry of the limitation period for filing an appeal or revision.

(2.) Shorn of unnecessary details, the relevant facts for adjudication of the present case are that the FIR No. 248/2024 was registered at Police Station Sadar Bikaneron 24/5/2024, as per the FIR, during a checkpoint near MS College, Bikaner, the accused Shakil Khan, was apprehended, and a personal search allegedly led to the recovery of 9 grams of M.D. An Apple mobile phone belonging to the accused was also seized at that time.

(3.) After investigation, a charge-sheet was filed against Shakil Khan for offences under Ss. 8 and 22 of the NDPS Act, 1985. During the pendency of the trial, the accused Shakil Khan, died on 13/5/2025. Consequently, the proceedings against him were abated and dropped by the Trial Court vide its order dtd. 21/6/2025. The petitioner, who is father of the deceased accused had filed an application under Sec. 503 BNSS, before the Trial Court, seeking the release of the aforementioned seized mobile phone. The learned Trial Court while allowing the application in part, imposed the condition that the release would be effected only after the period for filing an appeal or revision had expired.