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. 13/N/2023
C.R. No. 1119/2022.
Nirmal Nagar Police Station.
CNR No. MHMM180001382023
Abdul Karim Shoukat Ali Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Abdul Karim
Shoukat Ali Shaikh for release of Samsung A705 mobile phone which is
seized by the Nirmal Nagar Police Station in connection with Crime
No.1119/2022 registered with the said police station for the offence
punishable under section 380 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no objection.
The learned A.P.P. has an objection and submitted that, said mobile is required
at the time of trial and the applicant may tamper the mobile. She prayed for
rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of tax invoice, Aadhar card and xerox copy of FIR
alongwith his affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. As per this ratio,
said mobile is returned to the applicant. Under such circumstances, I pass
following order :
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Samsung A705 mobile phone be
handed over to applicant on executing indemnity bond of Rs. 30,000/
(In words Rupees Thirty Thousand only), in the police station.
3] The applicant should undertake that he shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.1119/2022 of Nirmal Nagar Police Station and criminal case
incidental there of.
4] The applicant is also directed to produce the said muddemal property as
and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out two
photographs of the muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.1119 /2022.
Date : 25.01.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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