The Bombay High Court on Wednesday (July 30, 2025) directed the Malvan Police Station to place on record the latest correspondence with the Regional Forensic Science Laboratory (FSL), Kolhapur, regarding electronic devices seized from sculptor Jaydeep Bharat Apte (39). The matter has been scheduled for further hearing on August 14.
Advocate Ganesh K. Sovani, appearing for Mr. Apte, submitted to the court, “Given that a voluminous chargesheet exceeding 2,300 pages has already been filed, there appears to be no justifiable reason to continue holding the laptop and mobile phone.” He also highlighted that the delay of over nine months by the FSL in examining the seized gadgets when the job of downloading of seized material is not even of half an hour task and this delay has impacted the business of the petitioner who is an artiste by profession.
During the hearing, Justice S.M. Modak questioned the rationale behind the petitioner’s request for the return of their seized laptop and mobile phone.
Additional Public Prosecutor (APP) Sangeeta Shinde appeared for the State argued that the investigating agency is within its rights to seize material that may potentially contain incriminating content.
Hearing the arguments, the court noted that even if such content may or may not exist, the devices can serve as relevant evidence.
The Judge asked, “How much data is there in the laptop? Can it be said that all data is incriminating? If the accused seeks access to the device, how will the balancing of rights take place?”
Referring to submissions made by Mr. Sovani, the court noted his argument that the seized devices contain data linked to the petitioner’s business dealings and their continued seizure has handicapped his operations. While the Judge acknowledged that the investigating agency has the right to seize electronic devices relevant to the case, it was also observed that the accused has a right to access non-incriminating material needed for their livelihood.
The Judge further remarked that any access to the devices would depend on examination by the forensic department. However, the police officer present in court did not carry relevant documents as he was attending another matter. The court directed the APP to seek instructions from the concerned police station and clarify the last correspondence made with the forensic department regarding the devices.
Timeline of the case
On December 4, 2023, a bronze statue of Maratha warrior and founder of Maratha Empire, Shivaji, made by Mr. Apte was inaugurated by Prime Minister Narendra Modi in Malval, Sindhudurg. On August 6, 2024, as per the petition, the statue collapsed due to heavy winds and an FIR was lodged against the petitioner and the structural consultant.
On September 6, 2024, Mr. Apte surrendered himself before the police and a day later, on September 6, he was produced before Malvan Police Station and granted four days of police custody. On September 10, 2024, the Judicial Magistrate of First Class, Malvan, transmitted the petitioner to judicial custody and he was transferred o judicial custody and sent to Sawantwadi Jail.
On November 16, 2024, the Sindhudurg Sessions Court issued summons to the petitioner based on the chargesheet filed by the police, after that on December 1, 2024, the Sessions Court judge rejected the bail application filed by Mr. Apte.
On January 10, 2025, Bombay High Court granted bail to the petitioner. On February 4, 2025, Mr. Apte filed an application to the Sessions Court for the return of his laptop and mobile phone seized during the investigation. On May 9, 2025, the Sessions Court reject his application.
The petition said that during the course of investigation in the second week of September 2024, the investigating agencies seized his a POCO brand mobile phone, a Lenovo laptop brand along with keyboard, mouse and a portable speaker.
Petitioners’ arguments
“The lower court failed to appreciate the fact that the petitioner is a professional artiste who earn his livelihood by making / carving statues and other related work and he has stores all his commercial contacts as well as the contacts with those with whom he had entered into any professional deals or agreements deals and all such data has been stores in his laptop and mobile phone and had not stores them parallely in CDs or Pen Drives etc.,” the petitioner argued.
He urged the court that he requires his electronic devices to make presentations for fresh projects using softwares such as Photoshop and Coral that the laptop has. “Even his wife used to conduct online drawing classes by using the same laptop. The mobile phone has contacts, photographs, sketches, etc. used for work,” Mr. Sovani said.
Published – July 31, 2025 03:52 am IST
