Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER 1 C.C.No. 5400385/MISC/2025
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
SPECIAL COURT FOR ITPA, 54TH COURT, MAZGAON, MUMBAI.
ORDER BELOW EXH.-1 IN C.C.NO.5400385/MISC./2025
Mariya Bhausaheb Garud ...Applicant.
V/s.
The State of Maharashtra
(Through Bhandup Police Station …Respondent.
O R D E R
By way of present application, the applicant claimed return
of property i.e. faint colour Oppo Co. made A 13 Pro 5F mobile phone
worth of Rs.18,000/- and purse containing Rs. 1,000/-, make up
material and cloths.
2] Ld. APP and I.O. has resisted the application stating therein
that, number of said mobile not mentioned in the application, the said
property seized during the raid operation, the phone numbers and
whats App chats of various customers engaged in prostitution are
collected. Therefore, if the said mobile phone is returned to the
applicant there is strong possibility that she will engage in prostitution
again.
3] Perused the application and say. Perusal of document i.e.
copy of FIR, copy of remand application, copy of Adhaar card of
applicant and affidavit and copy of mobile bill, it appears that the
applicant is the owner of seized muddemal. Wherein, perusal of the say
of I.O and the Ld. APP reveals that there is the phone numbers and
whats App chats of various customers engaged in prostitution. If the
mobile returned to the applicant it might possible she will again
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ORDER 2 C.C.No. 5400385/MISC/2025
indulged in the prostitution. Though till date nobody has claimed the
property except the applicant or no one has filed any objection for
return of the said property in favour of applicant but it cannot be over
looked that prima facie involvement of the accused discovered in the
crime. If the mobile would return then there is every possibility of the
tampering of the material evidence. Therefore, considering this factual
aspects it will not just and proper to return the said mobile to the
accused. Hence, I proceed to pass the following order :
O R D E R
1. Application is hereby rejected.
2. Inform concern police station accordingly.
3. Counsel to take note.
(P. V. Hingne)
Metropolitan Magistrate,
Special Court for ITPA,
Date : 08/04/2025 54th Court at Mazgaon, Mumbai.
SVP
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