Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL. CHIEF METROPOLITAN MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 190 OF 2021
C.R.NO. 165/2020 DCB CID UNITIX
C.R.NO. 232/2020 Shivadi Police Station
Daulat Ramesh Chavhan ...Applicant
V/s.
The State of Maharashtra
Through DCB CID UNITIX ...Respondent
ORDER
1. By way of present application, applicant Daulat Ramesh
Chavhan has prayed for return of property i.e. OPPO A5 mobile.
2. Heard both the sides. Perused the say of Investigating
officer and Learned APP. It appears that I.O. has not taken objection for
returning the property to the applicant.
3. After perusal of record it appears that Samsung S10 Lite
has been seized from possession of the applicant/accused in his
personal search. No one has came forward to claim the above said
mobile. The trial will take its own time for decision. In such
circumstances, it will not be proper to keep the above said mobile in
custody of police station as it will diminish its utility and cost. So
considering the facts and circumstances I passed the following order:
ORDER
1. Application is allowed.
2. Investigating Officer is directed to handover OPPO A5 mobile to
applicant Daulat Ramesh Chavhan on executing his supratnama
bond of Rs.20,000/.
3. Investigating Officer is directed to prepare detail panchanama in
presence of two respectable panch witnesses and submit
compliance report accordingly.
4. The applicant is directed to produce the above said mobile as and
when directed by the Court.
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5. The applicant is directed to not to change the nature of above
said mobile till the conclusion of this trial.
6. The I.O. is directed to take photographs of the said mobile at the
cost of applicant in such a manner that the property could be
identified from the photographs itself and prepare the detailed
panchanama accordingly.
Date : 12/02/2021 Addl. Chief Metropolitan Magistrate,
37th Court, Esplanade, Mumbai.
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