Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
68TH COURT BORIVALI, MUMBAI
ORDER BELOW EXH-1 IN C.C. NO. 6800062/N/2025
(C.R. No.456/2023) OF BANGUR NAGAR POLICE STATION
***********
The applicant has filed this application for interim custody
of property i.e. I-phone 12 Pro recovered and seized by Investigating
Officer in C.R.No. 456/2023 of Bangur Nagar Police Station.
2. Investigating Officer has not objected the application.
3. Ld. APP has objected the application.
4. I have heard Ld. Advocate for the applicant and Ld. APP. So
also, I have perused the documents filed on record. It appears that, the
first informant Ms. Shaheen Murtuza Khan has lodged the FIR bearing
no. 456/2023. In support of her contention she has filed copy of FIR
bearing No.456/2023, copy of her Aadhar Card and copy of tax invoice
of the said I-phone. However, Investigating Officer has not objected the
application. Further, till today nobody other than the applicant has
claimed the said seized property. This being the position, in the light of
aforesaid discussion no purpose will be served by keeping the seized
property in the police station for years together. In the facts and
circumstances, it is just and proper to return the said property seized by
I.O. in aforesaid crime no. 456/2023 on some terms and conditions to
the applicant vide section 457 of The Code of Criminal Procedure.
Hence, I pass the following order :-
-: O R D E R :-
1. Application is allowed.
2. The Investigating Officer in Crime No.456/2023 registered by
Bangur Nagar Police Station is hereby directed to hand over interim
2/-
-- 1 of 2 --
2
custody of seized I-phone 12 Pro seized in the aforesaid crime to the
applicant Ms. Shaheen Murtuza Khan on her executing bond of
Rs.50,000/-(Rupees Fifty Thousand only).
3. The Investigating Officer in Crime No. 456/2023 registered by
Bangur Nagar Police Station is also directed to prepare a detail
panchanama and take photograph of the said seized property and
photograph of said property shall be attested or countersigned by the
applicant before handing over its custody to the applicant.
4. The applicant shall bear the expenses of photographs.
5. The applicant shall not sell or transfer the said seized property in
any manner to any person or change its colour or nature till further
order and shall produce it before the Court, as and when directed by
this Court.
6. The Investigating Officer in Crime No.456/2023 registered by
Bangur Nagar Police Station shall submit his compliance report as early
as possible, to this Court and submit photograph and Panchanama and
bond along with Charge-sheet.
sd/-
( V. F. Chougule )
Mumbai. Judicial Magistrate (First Class),
Date : 12.02.2025 68th Court, Borivali, Mumbai.
*rsh
/-
-- 2 of 2 --