Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.45/N/2022
Dinesh Kumar V/s Vakola PS
ORDER
1. The application is filed by the applicant for return of mobile
phone i.e. Realme Narzo 30 seized by Vakola Police Station CR.No.
1030/2021 registered u/sec. 380 of IPC.
2. I.O. has given no objection to return the mobile handset to
applicant.
3. The applicant submitted that his mobile phone was stolen.
Report about the incident was lodged. The applicant has produced on
record copy of FIR, Bill and Aadhar Card in support of his version. No one
else has claimed custody of mobile phone. 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 handset to the applicant by
imposing conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of mobile phone i.e. Realme Narzo 30 seized by Vakola
Police Station CR.No. 1030/2021 registered u/sec. 380 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 15,000/.
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 mobile hand set
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2 C.C.No.45/N/2022
Dinesh Kumar V/s Vakola PS
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 bonds along with the final
report.
Place :Mumbai Metropolitan Magistrate
Date: 24.02.2022 71st Court, Bandra, Mumbai.
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