Final Order 1

Order Details: Order below Ex-1
Pdf Text: --1-- MISC. APPL. NO. 3002 OF 2026
CNR. NO. MHMM110086142025
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 3002 OF 2026
C.C.NO. 277/PW/2025
ORDER BELOW EXH.01
The applicant/accused has made an application for return
of his OPPO Reno 10 Pro company model No. CPH2525 IMEI No.
86966306338992, 869663063938984. The application is supported by
affidavit of the applicant/accused, photocopies of tax invoices and
Aadhaar Card.
2. Read the application and say filed by the prosecution.
3. Heard both sides and perused the record. It appears that
the above said mobile has been seized from the possession of the
applicant/accused, during the course of investigation. Said fact is also
not disputed by the prosecution. The applicant has filed photocopy of
tax invoice of aforesaid mobile which show that the above said mobile
has been purchased by the applicant/accused.
4. The say of the Investigating Officer reveals that the
aforesaid mobile have been sent to FSL for analysis and they are yet to
be received from FSL. The say of the Investigating Officer does not
reveal that the above said mobile is required for further investigation.
Therefore, no purpose will be served by keeping the aforesaid mobile in
the custody of the investigating agency.
5. By considering the nature of the offence, seized article and
direction given by the Hon’ble Supreme Court in the case of
Sundharbhai A. Desai V/s. State of Gujarat, it will not be proper to keep
the aforesaid mobile phone in the custody of investigating agency after
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--2-- MISC. APPL. NO. 3002 OF 2026
returning from FSL. If the application is rejected, the possibility of the
damage to the mobile phone cannot be ruled out. By the time, the data
of mobile could have been secured for the trial. The applicant/accused
is ready to abide any condition imposed by the Court. In the
circumstances, it will be appropriate to return the aforesaid mobile by
imposing certain conditions. Hence, I pass the following order :-
ORDER
1) The Investigating Officer is directed to handover OPPO Reno 10
Pro company model No. CPH2525 IMEI No. 86966306338992,
869663063938984 to the applicant, after receiving from Forensic
Science Laboratory, Kalina, Mumbai, on executing indemnity
bond of Rs.40,000/- (Rupees Forty thousand only).
2) The Investigating Officer is directed to prepare panchnama while
handing over the aforesaid mobile to the applicant and obtain
the colour photocopy of the above said mobile, get it certified
and keep it with record.
3) The applicant shall not make any alteration or any type of change
in the aforesaid mobile and produce it in the court or before
Investigating Officer, as and when it called.
4) The Miscellaneous Application No. 3002 of 2026 be tagged along
with original charge-sheet.
Date : 16.09.2026 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai.
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