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. 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 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 said data can then be furnished at the appropriate stage.” In this regard the Court also cited Delhi High Court 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.