Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No.50/N/2018 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. Micromax Dual SIM mobile of black colour valued of Rs.2,000/ seized in
C.R. No.18/2018 for the offence u/s.392 of the I.P.C. registered by Dharavi
Police Station.
2] The Investigating Officer has filed say, gave no objection to
handover custody of seized property i.e. Micromax Dual SIM mobile of black
colour seized in C.R. No.18/2018 to the applicant on certain terms and
conditions.
3] In support of application the applicant has filed on record his own
“Affidavit” and has given undertaking. The Applicant has filed on record xerox
copy of FIR dtd. 10/01/2018. The applicant has also filed on record tax
invoice/bill of said mobile.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized article. The seized article is electronic equipment
and it may get damaged permanently, if remained with police stn. for long
period. No purpose is likely to be served by keeping the said mobile at police
station till the conclusion of trial. If seized article is handed over to applicant
on bond by way of interim custody no serious prejudice or harm would be
caused to accused and prosecution. Hence, application deserves to be allowed
on certain terms and conditions. Therefore, I pass the following order:
O R D E R
1] The application is allowed.
2] The seized article i.e. Micromax Dual SIM mobile of black colour
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valued of Rs.2,000/ seized in C.R. No.18/2018 by Dharavi Police Station be
returned to the Applicant Shri. Prabhakar Pathak residing at 602, Sonal
Apartment, New Golden Next, Bhayandar E, Thane on executing indemnity
bond of Rs.10,000/ (Rupees Ten Thousand only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized mobile to third person without prior
permission of Court.
b) The applicant shall produce the said mobile as and when directed
by the Court or I.O. in the trial or in the course of investigation as
and when directed.
c) The applicant shall follow the conditions imposed on him
scrupulously.
3] The I.O. is directed to take the above indemnity bond of applicant
and shall return the muddemal on due verification of applicant. I.O. further
directed to file indemnity bond in the Court. On filing of indemnity bond, it be
attached with the chargesheet.
Order accordingly.
Sd/
Mumbai
Date: 03/02/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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