Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.52/N/2020
1. The application is filed by the applicant for return of Samsung
Galaxy J6 mobile phone seized by BKC Police Station CR.No. 2/2020
registered u/sec. 380 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that theft had taken place at her
house and her mobile handset was stolen. She lodged FIR about theft. She
produced on record copy of FIR and Aadhar Card in support of her 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 Samsung Galaxy J6 mobile phone seized by
BKC Police Station CR.No. 2/2020 registered u/sec. 380 of
IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 12,000/.
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
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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: 23.01.2020 71st Court, Bandra, Mumbai.
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