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Laptop confiscated by police,hard disk removed and send for cloning
23-Mar-2023 (In Cyber Crime Law)
Section 67A of IT Act,2000 applied: Laptop(not in a working condition) was confesticated by police. After almost 1.5yrs Police contacts and asks to take away the laptop but said that they have removed the hard disk and have sent to forensic so as to get the data extracted for the purpose of filing the chargesheet. (Note: Chargesheet is not yet filed) 1. Does this affect to the integrity of the evidence? 2. Shall I take the laptop without Hard disk or not? 3. Is it legitimate on part of the police to hand over the items listed in Panchnama without courts order as no notice for recovery has been furnished from my side? 4. Police asks to pay for the new hard disk purchased by them for cloning the original one. Who is bound to pay that amount? (Note: Original Hard disk was corrupt.) Thanking in advance
I think that it won't affect the credibility of the evidence. Though they will file it their way, the court always believes that data can be retrieved. If its corrupt one's a lucky man. They may or may not give you an acknowledgement of receiving hard disk in so and so crime. It will be returned to you after some months. The State Government bears the cost. The police purchase the storage devices and they later on produce those bills and get it refunded.
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Adv. Sarnath D Sahoo
Nagpur | 25+ Answers
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