Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.26/N/2020
1. The application is filed by the applicant for return of Redmi
3S mobile phone with Jio Sim Card seized by Santacruz Police Station
CR.No. 465/2019 registered u/sec. 379 of IPC.
2. I.O. has given no objection to return the mobile handset and
sim card to the applicant.
3. The applicant submitted that his 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 sim card. There is no
likelihood that the trial will commence soon and conclude in near future.
The mobile handset and sim card will get damaged if remained in idle
condition for longer period. It will be proper to hand over the custody of
the mobile and sim card to the applicant by imposing conditions. In the
result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Redmi 3S mobile phone with Jio Sim Card
seized by Santacruz Police Station CR.No. 465/2019
registered u/sec. 379 of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 6,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set and sim card to third
person without prior permission of court and to produce the
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concerned mobile hand set and sim card 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: 03.02.2020 71st Court, Bandra, Mumbai.
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