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himanshu Sharma   21 November 2023

Moblile seize

Hi everyone 

I work in Samsung r&d noida   So one weekend my friend and I went to a party we took the beer and return to our flat then we both slept but when I woke up I found out that my friend died, i call the police and ambulance , police took me in custody for one day then after postmortem report they let us go as death was because of beer and joint mix they do my narco test but I was clean they seized mu two mobiles and neither give my any receipt for my mobiles and its been 6 months when I reached to them they say the case is in court ... please give me sight in this case

 



Learning

 4 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     21 November 2023

Did the police / IO give you copy of siezure ? If not, ask for it and apply to Trial Court for return of your phone.

himanshu Sharma   21 November 2023

No sir , they give me nothing for it , i discuss this with IO he told me i will get my phones after court verdict my phones cost me around 2 lakh

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

You can file a petition before court asking for direction to concerned police to  return  your mobile phone that was seized by police 

The court after hearing the police may pass suitable order.

You may pass instructions to your lawyer to file the petition suggested

LCI Thought Leader Rajesh Tandon ( Col (Retd))     19 February 2024

I understand that you're concerned about the seizure of your mobile phones by the police following your friend's death and the lack of progress in the case. Here's some guidance:

Understand the Reason for Seizure: The police may have seized your phones to gather evidence related to your friend's death. They might be looking for communication records, location data, or any other information that could shed light on the circumstances surrounding the incident.

Request an Official Document: You have the right to receive an official document, such as a seizure receipt or panchnama, acknowledging the seizure of your phones. This document should clearly state the reason for the seizure, the date and time of seizure, and a detailed descripttion of the items seized. Therefor ask for seizure receipt of the same. If not given by police , you can file the  petition before the court for necessary directions to police for return of the phones or atleast seizure receipt. You can bring out infront of the court that Police is mandated to use  Form- IF-4 which is property seizure Memo. One of the entries in the form mentions that the above mentioned properties were seized in accordance with the provisions of law in thepresence of the above said witnesses / ** and a copy of the seizure memo was given to the person /the occupant of the place from whom seized. So you should be pointing out in your Petition to the court that it is dereliction of duty on the part of Police for failure to provide  a copy of seizure memo to you, and that you are entitled to receive the same.

Inquire About the Case Status: Since six months have passed, it's reasonable to inquire about the status of the case. You can contact the investigating officer or the concerned police station to seek an update. They should provide you with information on the progress of the investigation and the expected timeline for the return of your phones.

Maintain Documentation: Keep copies of all communication with the police, including any seizure receipts, official documents, or case updates. This documentation will be helpful if you need to pursue legal action.

On 18 October 2022, the Supreme Court of India has directed the Union government to establish comprehensive guidelines for the seizure of digital devices by investigative agencies. This directive stems from a petition filed in October 2022 by the Foundation for Media Professionals (FMP), a journalists' collective, highlighting the need for stricter regulations to protect individual privacy and safeguard the rights of journalists.


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