Customs Can Clone Data Of Seized Electronic Devices As Per Statutory Procedure, Need Not Retain Devices Throughout Prosecution: Delhi HC
The Delhi High Court has called upon the Customs Department to clone the required data from seized electronic devices of persons allegedly involved in smuggling and other violations under the Act, instead of retaining such devices throughout prosecutions.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that such a practice will not only ensure that the...
The Delhi High Court has called upon the Customs Department to clone the required data from seized electronic devices of persons allegedly involved in smuggling and other violations under the Act, instead of retaining such devices throughout prosecutions.
A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed that such a practice will not only ensure that the Department does not lose the data due to the seized device getting outdated but it will also provide make the data readily accessible to the investigation officers.
It observed, “Respondent may make a proper copy of the data from the mobile phones on a CD/Pen Drive and a hash value may be added to preserve the integrity of the data. The said data can then be furnished at the appropriate stage. This process could be adopted by the Commissioner of Customs in all the Commissionerates, so that persons from whom devices are seized can be returned the same, after the data is copied."
The retention of the devices throughout the Show Cause Notice (hereinafter, 'SCN') proceedings and the prosecutions, unless essential, could then be avoided, as the devices themselves may become completely out-dated and retrieval of data from the same after a few years also becomes difficult. The proper copying of the data and retention of the same on Servers in the Customs Department would also make it accessible to the investigation officers as also other personnel.”
The development comes in a petition preferred by two individuals aggrieved by seizure of their mobile phones by the Directorate of Revenue Intelligence, following intel that they are involved in smuggling foreign origin gold.
The Department had seized their devices back in 2022. Petitioners argued since the investigation was concluded and SCNs were issued, the devices ought to be released. They further submitted they have no objection if the data on the devices is fully copied by the Department.
The Department on the other hand submitted that the devices have already been cloned however, in view of objections which could be raised in respect of mode of proof and admissibility at the time when adjudication takes place, the devices have been retained.
It is at this juncture that the High Court directed that the Department “may make a proper copy of the data from the mobile phones on a CD/Pen Drive and a hash value may be added to preserve the integrity of the data. The said data can then be furnished at the appropriate stage.”
In this regard the Court also cited Delhi High Court(OriginalSide) Rules, 2018 which stipulates that a party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit.
Furthermore, in order to obviate any objections on behalf of the Petitioners in respect of the data which is copied, Court said the Petitioners may appear before the Department and the data may be verified when the same is copied.
Appearance: Mr. Akhil Krishan Maggu, Mr. Vikas Sareen, Ms. Maninder Kaur & Mr. Ayush Mittal, Advocates for Petitioners; Mr. Anurag Ojha, SSC with Mr. Dipak Raj, Mr. Vikas Kumar & Mr. Subham Kumar, Advocates for DRI
Case title: Rakesh Kumar Gupta v. DRI
Citation: 2025 LiveLaw (Del) 384
Case no.: W.P.(C) 11518/2024
