Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 4/N/2020
C.R. No. 267/2019.
Kherwadi Police Station.
Mrs. Maya Shrinivas Potnis … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
ONE PLUS 6 MOBILE PHONE.
By this application the applicant is seeking return of One Plus 6
mobile phone, IMEI No. 867520041845198 and cash of Rs.2000/, being
entitled for the same. The Kherwadi police station has seized said mobile &
cash in the alleged offence of theft. She is ready to produce the said
property whenever required till final disposal of case. The application is
supported by various documents such as copy of F.I.R., affidavit of
applicant, & Aadhar card.
2. Accordingly, say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, learned APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned muddemal may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by her.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
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2
ORDER
i) The seized One Plus 6 mobile phone, IMEI No.
867520041845198 be handed over to the applicant Mrs.
Maya Shrinivas Potnis, subject to furnishing Indemnity bond
of र 30,000/ (Rs. Thirty Thousand Only).
ii) The seized cash of Rs.2000/ be handed over to the applicant ,
subject to furnishing Indemnity bond of र 2,000/ (Rs. Two
Thousand Only).
iii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
muddemal from all angles for its proper identification in
future and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 09.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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