Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.29/N/2023.
Shreya V/s. Santaruz P. Stn.
ORDER
1. This is an application filed for return of mobile/ Apple
Iphone seized in the crime by Santacruz Police Station in
C. R. No.49/2023, registered u/sec. 380 of IPC.
2. I.O. has given no objection to return the mobile to applicant.
APP raised objection to release the seized mobile.
3. Admittedly, seized mobile belongs to the applicant.
Application is well supported by affidavit of applicant. There is no rival
claim by any person in respect of the seized mobile. Custody of the
mobile is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said mobile further in
custody. Applicant is entitled to receive the seized mobile. In the result,
following order is passed :
ORDER
1. The custody of mobile/ Apple Iphone seized in the crime by
Santacruz Police Station in C. R. No.49/2023 registered
u/sec. 380 of IPC be returned to the applicant on furnishing
indemnity bond of Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized mobile to any person without prior
permission of Court and to produce the same as and when
required for trial.
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3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Mumbai.
Date : 23/01/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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