S.B. CRIMINAL MISC. PETITION NO. 1346/2008 Date : 16.12.2008 HON'BLE MR. C.M. TOTLA, J. Mr. M.K. Garg for the petitioner. Mr. V.R. Mehta, P.P. = = = = Petitioner requests that - reversing the order of learned Special Judge, NDPS cases, Sriganganagar dated 28.08.08 - seized cellular apparatus (mobile phone) be handed over to him for which he is ready to abide by the laid conditions. Learned counsel for the petitioner argued that alleging seizure of certain narcotics substance from possession of petitioner traveling in car, the charge-sheet submitted and petitioner facing trial – cellular apparatus is seized from him and not connected with the alleged crime - lying u-used for more than two years – continuing so, its utility shall be over. Argued that petitioner is owner having a bill of this apparatus. Learned Public Prosecutor submitted that only the apparatus and not the chip may be given on appropriate conditions and surety or superdginama of appropriate amount. Considered and perused the copies of charge-sheet made available. The apparatus was seized in year 2006, so in the totality of circumstances, it is directed that this apparatus may be handed over to the petitioner on superdginama and surety of Rs. 10,000/- on terms and conditions to be determined by learned Judge. One of the conditions and undertaking shall be that because of handing over of apparatus to the petitioner or henceforth on its (also chip) non-availability for examination or (even if made available), no prejudice shall be to prosecution. The number of apparatus shall be tallied with the bill to be produced by the petitioner and chip shall be preserved safely. With these observations, the petition is disposed of. (C.M. TOTLA), J.