Madras High Court: In a criminal revision case filed under Sections 397 read with Section 401 of the Code of Criminal Procedure, 1973 (‘CrPC’), to set aside order passed by Court of Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases in Chennai) and CBCID Metro Cases, and to return the phone to the accused, M. Nirmal Kumar, J. highlighted the critical role of the accused’s mobile phone in the investigation, noting that it contains vital communications, transactions, and encrypted files. Seizing the phone and SIM card is essential for conducting a thorough forensic examination of this digital evidence. To expedite the process, the Court directed the Director of the State Forensic Science Department to prioritize the analysis and complete the examination within three months, emphasizing the importance of timely access to this key evidence in the case.
The accused contended that during the investigation, he was arrested by the police on, and his Samsung Z Fold-4 (Grey Colour) was seized by the police on the same day and his phone is with the police. In the meanwhile, the accused was taken to the custody of the police. Thereafter, the accused was granted bail in the month of July 2024. After seven months of seizure of the mobile phone, the accused filed the present petition seeking for return of mobile phone and at this juncture, the police were not sure for what purpose the mobile phone was seized. It is also the case of the accused that the mobile phone was with the police from April to July and only on 26-07-2024, it was produced before the trial Court. Though in the impugned order, it is stated that the mobile phone was sent to the Forensic Lab, there are no details as to when it was sent and for what purpose it was sent.
The Court observed that the case involves both private and public servants. An initial inquiry was conducted, leading to a formal investigation that is currently ongoing. As a result of this process, the accused, along with others, has been arrested. A lot of communications, transactions and data are available in the accused’s mobile phone. The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from the Trial Court.
Thus, the Court directed the Director, State Forensic Science Department to entrust the examination of accused’s phone on priority and complete the forensic examination preferably within a period of three months from 18-10-2024 and send a report to the Trial Court and Investigation Officer. Thereafter, the Trial Court was directed to consider the accused’s petition for return of his mobile phone, if such a petition is moved.
[K. Jayaprakash v. The State, 2024 SCC OnLine Mad 5974, decided on 22-10-2024]
Advocates who appeared in this case:
For Petitioner : Mr.C.Iyyapparaj
For Respondent : Mr.A.Damodaran Additional Public Prosecutor
Buy Code of Criminal Procedure, 1973 HERE
