Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.18/N/2020
1. The application is filed by the applicant for return of Gold
chain weighing 9 grms and Vivo mobile phone seized by BKC Police
Station CR.No. 39/2019 registered u/sec. 457, 380 of IPC.
2. I.O. has given no objection to return the gold chain and
mobile handset to the applicant.
3. The applicant submitted that his gold chain and mobile phone
was stolen. He lodged report about theft. He produced on record copy of
FIR and Aadhar Card in support of his version. No one else except the
applicant has claimed the custody of the mobile hand set and gold chain.
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 gold chain and mobile to the applicant by imposing conditions. In the
result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Gold chain weighing 9 grms and Vivo mobile
phone seized by BKC Police Station CR.No. 39/2019
registered u/sec. 457, 380 of IPC be handed over to the
applicant.
3) The applicant to execute indemnity bond of Rs. 30,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set and gold chain to third
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person without prior permission of court and to produce the
concerned gold chain and 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 bond with the final report.
Mumbai Metropolitan Magistrate
Date: 27.01.2020 71st Court, Bandra, Mumbai.
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