Final Order 1

Order Details: Order below Ex-1
Pdf Text: --1-- MISC. APPL. NO. 3387 OF 2025
IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 3387 OF 2025
C.R.NO. 52/2025 DCB CID UNIT-VI
C.R.NO. 375/2025 MANKHURD POLICE STATION
ORDER BELOW EXH.01
The applicant/accused has made an application for return
of his Samsung Galaxy Company mobile handset containing two SIM
cards.
2. It is the contention of the applicant that the investigating
agency has seized his above said mobile handset from his possession at
the time of his arrest. He is lawful owner of the said mobiles. The said
mobiles contain important personal and professional data, photographs
and contact informant of third parties which is essential for his day to
day activities. The mobile is an electronic device and if kept unused for
a long time, in police custody, it may became non-functional, in
operative or permanently damaged. Investigation is completed. There
is no need to keep the said mobile in police custody for indefinite
period. He prays to return the aforesaid mobile to him.
3. The learned APP opposed the application on the ground
that if the mobile handset returned to the applicant/accused, possibility
of tamper, alteration and modification cannot be ruled out. Hence, he
prays to reject the application.
4. The I.O has given his no objection to return the aforesaid
mobile to the applicant.
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--2-- MISC. APPL. NO. 3387 OF 2025
5. Perused the record. It appears that the above said mobile
handset has been seized from the possession of the applicant/accused at
the time of his arrest in present crime. Said fact is also not disputed by
the prosecution. The I.O. has also given his no objection to return the
aforesaid mobile to the applicant. 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 mobile handset in the police custody.
Moreover, the conclusion of the trial will require long period. If the
application is rejected, there is possibility of damage to the parts of the
mobile handset. The applicant/accused is ready to produce the said
mobile whenever court requires. In the circumstances, it will be
appropriate to return the mobile to the applicant by imposing certain
conditions. Hence, I pass the following order :-
ORDER
1) The Investigating Officer is directed to hand over Samsung
Galaxy Company mobile handset to the applicant seized from
him, on executing his indemnity bond of Rs.20,000/-.
2) The Investigating Officer is directed to prepare panchnama while
handing over the mobile to the applicant and obtain the colour
photocopy of the above said property, get it certified and keep it
with record.
3) The applicant shall not make any alteration or any type of change
in the said mobile and produce it in the court or before
Investigating Officer, as and when it called.
Date : 13.10.2025 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai.
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