Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.10/N/2022
Pralhad V/s Vakola PS
ORDER
1. The application is filed by the applicant for return of mobile
phone i.e. Oppo seized by Vakola Police Station CR.No. 1033/2021
registered u/sec. 380 of IPC.
2. I.O. has stated that the first informant i.e. the applicant
informed that one more mobile phone of Oppo company has been also
stolen from his house. Thus, supplementary statement of the applicant
came to be recorded. The said mobile phone came to be seized. He has
given no objection to return the mobile handset to applicant.
3. The applicant submitted that theft had occurred at his house.
Mobile phones, cash and mangalsutra were stolen from his house. Report
about the incident was lodged. The applicant has produced on record copy
of FIR, Bill and Aadhar Card in support of his version. No one else has
claimed custody of mobile phone. There is no likelihood that the trial will
commence soon and conclude in near future. The mobile handset will get
damaged if remained in idle condition for longer period. It will be proper
to hand over the custody of the mobile handset to the applicant by
imposing conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Oppo mobile phone seized by Vakola Police Station
CR.No. 1033/2021 registered u/sec. 380 of IPC be handed over to
the applicant.
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2 C.C.No.10/N/2022
Pralhad V/s Vakola PS
3) The applicant to execute indemnity bond of Rs. 17,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or hand
over the seized mobile hand set to third person without prior
permission of court and to produce the concerned mobile hand set
before the Court, whenever required for trial.
5) The Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce
the photographs and indemnity bonds along with the final
report.
Place :Mumbai Metropolitan Magistrate
Date: 20.01.2022 71st Court, Bandra, Mumbai.
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