4 min readChandigarhAug 8, 2026 12:43 PM IST
First published on: Aug 8, 2026 at 12:43 PM IST
A Special CBI Court in Chandigarh has taken cognisance against former SHO, former Sub-Inspector, and businessman Anil Malhotra, in a CBI case alleging that an iPhone-12 seized from Malhotra in 2022 was replaced with an iPhone-7 during investigation to suppress crucial digital evidence.
Special Judicial Magistrate Neelam passed the order after hearing the CBI and directed that the three accused be summoned to face trial under various provisions of the Indian Penal Code (IPC), including criminal conspiracy, fabrication and destruction of evidence, preparing incorrect public records, and criminal breach of trust by a public servant.
The case stems from an FIR registered by the CBI’s Anti-Corruption Branch, Chandigarh, on April 15, 2024, against then SHO Ram Rattan, then SI Satyawan and others over alleged irregularities during the investigation of an FIR registered on the complaint of a woman against Malhotra under IPC sections related to assault on a woman’s modesty, criminal intimidation, and extortion, among others in 2022.
According to the CBI, Malhotra was arrested and an Apple iPhone-12 was allegedly seized from his possession. The agency claimed that the handset contained “incriminating material and objectionable videos”, but during the subsequent investigation, the original iPhone-12 was allegedly replaced with an iPhone-7, while the original seizure memo was destroyed and a fresh seizure memo was fabricated to conceal the substitution.
The court, after examining the material collected during investigation, observed, “the seizure memo dated April 4, 2022, prepared by SI Sundari, was deliberately destroyed by SI Satyawan in connivance with Anil Malhotra and SHO Ramrattan. SI Satyawan further dishonestly prepared false and fabricated seizure memo dated April 9, 2022 by replacing the mobile phone with IMEI No. 359154075800039 (iPhone-7) in place of the iPhone-12 while investigating… and deliberately favoured accused Anil Malhotra by suppressing and replacing crucial digital evidence”.
The order further recorded that the Apple iPhone-12 seized at the time of Malhotra’s arrest, allegedly containing incriminating material and objectionable videos, “was not produced as case property and the seized iPhone-12 was replaced with an iPhone-7, and false records were created to project the substituted device iPhone-7 as the original seized phone”.
The court also referred to the forensic evidence relied upon by the CBI, observing that the CFSL examination revealed that the seized handset was an iPhone-7 and not an iPhone-12. It further noted that call detail records and CFSL data showed that Malhotra continued to have access to both handsets even after the iPhone-7 had purportedly been deposited in the malkhana, thereby falsifying the seizure memo dated April 9, 2022.
On the issue of prior sanction, the court held that “no formal sanction… is required to prosecute a public servant for criminal breach of trust under Section 409 IPC” and observed that an “act of embezzlement or misappropriation is never considered an official duty, so the protective shield of prior sanction does not apply”.
It further held that “performance of official duty under colour of public authority cannot be camouflaged to commit crime” and that “it is not the official duty of the public servant to fabricate the false public records and misappropriate the public/case property etc”.
The court further observed that the accused had allegedly “fraudulently or dishonestly destroyed the seizure memo dated April 4, 2022”, attracting an offence under Section 204 of IPC. It also referred to allegations that the then SHO and SI directed the malkhana in-charge not to make entries in Register No. 19 until further orders and later instructed him to make back-dated entries on the basis of the April 9, 2022 seizure memo, allegedly attracting an offence under Section 218 of IPC.
Concluding that “there is sufficient material on the file to take cognisance”, the special CBI court ordered summons to Rattan, Satyawan and Malhotra to face trial.
A Special CBI Court in Chandigarh has ordered summons to three accused in a case involving the alleged destruction of a seizure memo and replacement of a seized iPhone. (Ai-generated image) 
Share
