Team Goemkarponn
MARGAO: Questioning the delay in the investigation of an alleged sexual assault case, the Margao Judicial Magistrate First Class (JMFC) Court has permitted an accused to take interim custody of his seized smartphone, subject to certain conditions.
The mobile phone had been taken into custody by Verna Police during the investigation of a case registered under various provisions of the Bharatiya Nyaya Sanhita (BNS).
Seeking its return, the accused moved an application before the court through his lawyer, Adv. Savio Noronha. The defence produced documents establishing the applicant’s ownership of the handset, a claim that was not challenged by the investigating agency.
The defence also questioned why the device had remained with the police for almost 30 days without being forwarded for forensic analysis.
Resisting the application, the prosecution maintained that the smartphone was a crucial piece of evidence and described it as the “sole key evidence” in the case. It argued that the device needed to undergo detailed examination at the Central Forensic Science Laboratory (CFSL) and should therefore remain in police custody.
The court, however, took note of the apparent lack of progress in processing the electronic evidence. Pointing to the delay, the magistrate observed that nearly 30 days had passed since the seizure, but the investigating officer could not clarify when the phone would be sent for forensic examination.
Taking into account both the applicant’s ownership claim and the prosecution’s concerns about preserving evidence, the court allowed the interim custody application.
The release has been made conditional upon the applicant furnishing an indemnity bond of ₹30,000. The court has also prohibited him from selling, transferring or otherwise disposing of the handset, or making any changes to its physical appearance or colour, without prior judicial permission.
