Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.38/N/2021
1. The application is filed by the applicant for return of MI
Redme Mobile phone seized by Vakola Police Station CR.No. 335/2020
registered u/sec. 188, 269 of IPC and Sec. 4, 5 of Maharashtra Prevention
of Gambling Act.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile phone was seized by
the police. FIR has been registered. He has produced on record copy of
FIR and Aadhar Card in support of his version. FIR bears reference of
seizure of mobile phone from the applicant. 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 MI Redme Mobile phone seized by Vakola
Police Station CR.No. 335/2020 registered u/sec. 188, 269 of
IPC and Sec. 4 & 5 of Maharashtra Prevention of Gambling Act
be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 11,000/.
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4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without
prior permission of court and to produce the concerned
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: 21.01.2021 71st Court, Bandra, Mumbai.
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