Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 19/N/2022.
C.R. No. 474/2021.
State Kherwadi PS
CNR No.MHMM180001552022
Rizwan Nazimoddin Ansari … Applicant
V/s.
Sr. Inspector of Police,
(State Kherwadi PS) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Rizwan
Nazimoddin Ansari for release of seized muddemal i.e. POKO M2 mobile
phone & Samsung mobile phone seized by Kherwadi police, in
connection with Crime No.474/2021 registered with the Kherwadi
police station for the offence punishable under sections 380 of I.P.C.
2) Say was called from I. O. and A.P.P. I.O. has given no
objection. Ld. APP opposed the application and submitted that, said
muddemal is required at the time of trial and if returned, he will tamper
with the same. She prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record original purchase receipt of POCO M2 mobile phone,
verified copies of Aadhar card, PAN card, ration card, Aadhar card of his
daughter Shifa Rizwan Ansari and xerox copies of FIR & statement
alongwith his affidavit.
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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. The
applicant filed original invoice of POCO mobile phone and being an
owner, he is entitled for custody of POCO mobile phone only. He has not
filed on record any invoice/purchase receipt regarding Samsung mobile
phone. Hence, he is entitled for getting partial muddemal. Under such
circumstances, I pass following order.
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property i.e. POCO mobile
phone be handed over to applicant on executing
indemnity bond of Rs.10,000/ (In words Rupees Ten
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.474/2021.
4] The applicant is also directed to produce
the said muddemal property as and when ordered to do
so.
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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.474/2021.
Date : 28.03.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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