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Judgment
These writ petitions are filed by the petitioners challenging the action of the respondents in seizing and detaining the Apple iPhone 17 Pro Max 256GB Silver, bearing Serial No.351008266144961, Skoda Kushaq Car bearing Registration No.TS-05-A-3996 and OPPO F31 5G Mobile in connection with Crime No.128 of 2026, seeking to release the same forthwith.
Learned counsel for the petitioners would submit that the other accused in Crime No.128 of 2026 have already approached this Court in W.P. Nos.19156, 19217 and 19224 of 2026 and this Court had directed the petitioners therein to approach the Deputy Commissioner, Prohibition & Excise, Nalgonda, by way of representation/application for release of the vehicles and on such representation/application, the concerned authority shall release the same, after taking an undertaking that the petitioners shall produce the said property, as and when required. It is further observed that the mobile phones and the laptop shall be released only after completion of the investigation.
Learned counsel for the petitioner submitted that the investigation is completed and charge-sheet has been filed. Therefore, he prayed that a direction may be given to the respondents to release the Apple iPhone 17 Pro Max 256GB Silver, bearing Serial No.351008266144961, Skoda Kushaq Car bearing Registration No.TS-05-A-3996 and OPPO F31 5G Mobile forthwith.
Learned Assistant Government Pleader for Home, on instructions, submitted that the charge-sheet has been filed but the C.C. number is awaited. However, he submits that the possession of the said mobile phones and Skoda Kushaq Car, are with the Deputy Commissioner, Prohibition & Excise, Nalgonda. Therefore, the petitioners have to approach the concerned authority for release of the same.
Having regard to the rival submissions, this Court directs the petitioners to approach the Deputy Commissioner, Prohibition & Excise, Nalgonda, for release of the said property and if the investigation is completed, the Deputy Commissioner, Prohibition & Excise, Nalgonda, shall release the said property, subject to the conditions, as he may deem it fit and appropriate.
The petitioners shall not dispose of the mobile and shall not delete any information from the mobile phones and they shall produce the said property as and when required by the authorities. If the petitioners resort to any such acts of tampering with the software or deleting the information available in the mobile phones, they shall be liable for criminal action.
Accordingly, these Writ Petitions are disposed of. No costs.
Miscellaneous applications, if any, pending shall stand closed.