Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 10/N/2020.
C.R. No. 139/2020.
Excise ‘M’ Division
Vaviya Dharamshi Punja … Applicant
V/s.
Sr. Inspector of Police,
( Excise ‘M’ Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
MI MOBILE PHONE
The applicant / accused is claiming custody of his mobile
phone namely, VIVO VP mobile phone which was recovered by the Police
from the applicant / accused in pursuant of alleged crime. His application
is supported by an affidavit, purchase invoice and Aadhar card.
2. Accordingly, say of Investigation Officer and learned APP were
called. Investigating officer raised an objection on the ground that applicant
/ accused used alleged mobile in the commission of offence. APP failed to
file say.
3. Heard argument, perused the record.
4. Considering the nature of offence, the disputed mobile has
been used for chat application for making order of contrabanned liquor.
Thus, the mobile phone in its complete form has to be preserved for
evidence. Granting application would certainly tamper the material
evidence. Thus, the applicant / accused is not entitled for interim custody
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of mobile phone unless evidence is recorded after hearing. Hence, the
order:
ORDER
Application is rejected.
Date : 20.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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