Section 420 of ipc, restitution of seized property (criminal law)
Rajen
(Querist) 03 October 2016
This query is : Resolved
A company has lodged FIR under section 420 against me(being proprietor of my company). During enquiry, police have seized my laptop and some office hard disks. It has been three months. I have continuously requested IO to either "copy the data in laptop and give the data to me" or "give the laptop itself". IO argues that the laptop is in forensic lab so I cant do anything. Only court can pass the order.
So, I my advocate made an application before Court to "copy the data in laptop and give the data to me". "The data is very essential because it contains the accountings without which I am unable to submit Sales Tax return, Income Tax return, Professional Tax return, etc". "It has been delayed by three months. Hence, every passing is becoming expensive". I have also submitted purchase bill of that laptop. The laptop is in EMI. So, I have also produced the statement of monthly deductions from my account.
This case is pending in lower court.
After hearing, judge have opined that He cannot do anything because the laptop is in Forensic lab!
Then who can do anything if Judge dont have power to give order?
How can I get the "data of laptop" as early as possible legally?
What is the section in law which states the rule of "return of property" of "backup data" from forensic lab?
Please suggest some ruling in favour of that.
Devajyoti Barman
(Expert) 04 October 2016
Go to high court and seek direction on police to return the laptop asap.
Lower court mostly functions mechanically and generally does not think out of box.
Rajendra K Goyal
(Expert) 04 October 2016
file appeal for the same. Agree with expert Devajyoti Barman.
