Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.27/N/2020
1. The application is filed by the applicant for return of Iphone
XR mobile phone seized by Santacruz Police Station CR.No. 505/2019
registered u/sec. 379 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile phone was stolen.
He lodged FIR 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. 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 to the applicant by imposing
conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Iphone XR mobile phone seized by Santacruz
Police Station CR.No. 505/2019 registered u/sec. 379 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 sets to third person without
prior permission of court and to produce the concerned
mobile hand sets before the Court, whenever required for trial.
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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: 23.01.2020 71st Court, Bandra, Mumbai.
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