Return of seized electronic devices after data retrieval, subject to bonds and undertakings preserving the articles for investigation

Seized CPUs and mobile phones were ordered to be returned after the data stored in them had already been retrieved, because continued custody was found to serve no useful purpose. The HC accepted the petitioners' undertaking to keep the articles intact, not to alter or alienate them, and to produce them whenever required. Release was made conditional on execution of bonds and compliance with these safeguards, balancing the needs of investigation with protection of the seized property.

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Issues: Whether the seized CPUs and mobile phones were liable to be returned to the petitioners pending investigation after retrieval of the data stored in them.

Analysis: The articles had been seized during investigation, but the data contained in the CPUs and mobile phones had already been retrieved. The Court found that no useful purpose would be served by continuing to retain the articles in custody, particularly when the petitioners undertook to keep them intact, not to alter or alienate them, and to produce them whenever required by the Court.

Conclusion: The seized CPUs and mobile phones were directed to be returned to the petitioners, subject to conditions including execution of bonds, non-alteration of the articles, and production as and when required.

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