In a criminal revision case filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (CrPC), the Court reviewed an order from the Court of Metropolitan Magistrate concerning the exclusive trial of CCB cases (specifically those relating to cheating cases in Chennai) and CBCID Metro Cases. The Court’s focus was on the importance of the accused’s mobile phone as crucial digital evidence, containing vital communication records, transactions, and encrypted files. The Court emphasized the necessity of seizing both the phone and SIM card to enable a thorough forensic analysis. Consequently, the Director of the State Forensic Science Department was instructed to prioritize this case and complete the forensic examination within a three-month timeframe, ensuring timely access to this pivotal evidence.
The accused contended that his mobile device, a Samsung Z Fold-4, was confiscated by the authorities on the same day of his arrest and has remained in police possession. Following his arrest, the accused was subsequently granted bail in July 2024. After seven months, the accused filed a petition requesting the return of his mobile phone, asserting that police officials could not confirm the purpose behind its seizure. The defense highlighted that although the phone was seized in April, it was only presented before the Trial Court in July 2024, with no clear records regarding the purpose or timeline for its transfer to the Forensic Lab.
The Court noted that the investigation involves both public and private sector individuals, necessitating a comprehensive examination of the evidence. The mobile phone in question, holding numerous communications, transactions, and encrypted data, requires forensic analysis to convert and examine its contents as digital evidence. Given these circumstances, the phone was seized under court authorization, and forensic examination procedures are underway.
In its directive, the Court ordered the Director of the State Forensic Science Department to prioritize and expedite the forensic examination of the accused’s phone, aiming for completion within three months starting from October 18, 2024. A report is to be submitted to both the Trial Court and the Investigating Officer. Furthermore, the Court advised that if the accused submits a petition for the return of his mobile device, it should be duly considered post-forensic analysis.
Case : K. Jayaprakash v. The State
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