Criminal Revision No. 2572 of 2006 1 In the High Court of Punjab and Haryana, Chandigarh. Criminal Revision No. 2572 of 2006 Date of Decision: 10.01.2008 Mohan Lal …Petitioner Versus State of Punjab …Respondent CORAM: HON’BLE MR.JUSTICE RAJESH BINDAL Present: Mr. P.S. Ghuman, Advocate for the petitioner. Mr. Anter Singh Brar, Deputy Advocate General, Punjab, for the respondent. RAJESH BINDAL, J. The challenge in the present petition is to the order dated August 17, 2006 passed by learned Judicial Magistrate Ist Class, Dasuya, rejecting the prayer of the petitioner for release of computers and currency notes. 2. Brief facts of the case are that FIR No. 164 dated July 30, 2006 was registered against the petitioner on the statement of Amarjit Singh, Assistant Sub Inspector of Police under Sections 420 IPC and 13A/3/67 of Gambling Act, 1967. On a raid conducted at the business premises of the petitioner, two computers and two mobile phones were seized. On the prayer made by petitioner for release of seized material, learned Judicial Magistrate Ist Class, Dasuya, ordered for release of mobile phones but the prayer for Criminal Revision No. 2572 of 2006 2 release of computers and currency notes on supardari was rejected on the ground that in case the same are released to the petitioner, there is every possibility that the data stored therein can either be removed or corrupted, which will prejudice the case of the prosecution. 3. Learned counsel for the petitioner submits that he does not have any objection in case the hard disks of both the computers are retained by the respondent-State for use and production in the evidence as the entire data is contained in the hard disk only and rest of the computer may be released to him. 4. On this prayer of the petitioner, learned counsel for the respondent- State does not have any objection. 5. Accordingly, it is directed that hard disks of both the computers, which contain the data, shall be removed from the computers with the help of an expert and the same shall be retained in safe custody ensuring that the data contained therein is not corrupted or damaged by any reason. Before removal of hard disks two printouts of the entire data contained therein shall be taken-out in the presence of the petitioner and the same shall be signed by the petitioner and kept in the safe custody alongwith the hard disks in sealed covers. This will be subject to the undertaking furnished by the petitioner before the trial Court that no objection to the computers being not in original position or any other objection shall be taken during the course of evidence in this regard especially as to the data contained in the hard disks. The revision petition is disposed of, accordingly. (Rajesh Bindal) Judge January 10, 2008 “DK”