MARGAO: The Margao Judicial Magistrate First Class (JMFC) Court has allowed an accused in an alleged sexual assault case to take interim custody of his seized smartphone, while questioning the police over the delay in sending the device for forensic examination.
The smartphone was seized by Verna Police during the investigation of a case registered under various provisions of the Bharatiya Nyaya Sanhita (BNS).
The accused approached the court through his advocate, Adv. Savio Noronha, seeking the return of the device. The defence submitted ownership documents, which were not disputed by the investigating agency.
The defence also questioned why the phone had remained in police custody for nearly 30 days without being forwarded for forensic analysis.
Opposing the plea, the prosecution argued that the smartphone was crucial to the investigation, describing it as the “sole key evidence”. It maintained that the device required detailed examination at the Central Forensic Science Laboratory (CFSL).
However, the court expressed concern over the lack of progress in processing the electronic evidence. The magistrate noted that even after nearly 30 days, the investigating officer could not specify when the phone would be sent for forensic examination.
After considering the ownership documents and the prosecution’s concerns regarding preservation of evidence, the court granted interim custody of the handset.
The accused has been directed to furnish an indemnity bond of ₹30,000. The court has also prohibited him from selling, transferring or disposing of the phone, or altering its physical appearance or colour without prior permission.
The order comes amid questions over the pace of the investigation and the delay in forensic examination of an electronic device that the prosecution itself considers crucial evidence.
