1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER S.B.CRIMINAL MISC. PETITION NO. 1011/2007 (Harish Kumar V/s State of Rajasthan) Date of Order : 16/07/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Rakesh Matoria, for the petitioner. BY THE COURT:- By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 26.5.2007 passed by Special Judge, N.D.P.S. Act Cases, Sri Ganganagar (for short 'the trial court' hereinafter), in FIR No. 143/2007 P.S. Anupgarh, district Sri Ganganagar for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act' hereinafter) whereby the trial court dismissed the application filed by the petitioner for return of the articles which have been taken by the police at the time of arrest of the petitioner on 15.3.2007 vide arrest memo dated 15.3.2007. It appears that the petitioner 2 was alleged to have been found in possession of opium weighing 700 grams punishable under Section 8/18 of the NDPS Act. A crime report was registered against the petitioner and he was arrested for that offence. At the time of arrest, the petitioner was having Rs. 640 cash, Calculator, Mobile Handset of Nokia, pocket diary, keys, one wrist watch Timemax and Chain. Issue notice for final disposal. Learned public prosecutor is directed to accept notice, he accepts the notice on behalf of the State. With the consent of learned counsel for the parties, the matter is heard and finally decided at the admission stage. From the perusal of the arrest memo and Fard Jamatalashi, it appears that certain articles apart from opium which the petitioner was possessing at the time of his arrest were taken in custody by the police. In normal course, such items are returned when the person is released on bail. The petitioner has been arrested for the offence punishable under Section 8/18 of the NDPS Act and therefore, the pocket diary and sim of the mobile handset may be relevant for investigation. So far as the other articles like Cash amounting to Rs.640/-, Calculator, keys,wrist watch, chain and mobile handset after removing the sim have no connectivity with the commission of crime. In the circumstances, therefore, it is directed that 3 the articles taken in custody by the police at the time of arrest of the petitioner namely Cash amounting to Rs.640/-, Calculator, keys,wrist watch, chain and mobile handset after removing the sim may be released on supardginama to the petitioner during pendency of the case provided the petitioner furnishes solvent security on the terms and conditions which the trial court deems fit to impose. However, it is made clear that while returning the mobile handset Nokia, the Sim of the mobile set and the pocket diary be detained by the police. With these directions, the petition stands disposed of. (H.R.PANWAR),J. rp