Interim Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.57/N/2022
Mohd. Tahir V/s Vakola PS
ORDER
1. The application is filed by the applicant for return of mobile
phone i.e. Samsung A50 seized by Vakola Police Station CR.No. 687/2021
registered u/sec. 392 of IPC.
2. I.O. has given no objection to return the mobile handset to
applicant.
3. The applicant submitted that theft had occurred at his shop
and mobile phone of his customer was stolen. Report about the incident
was lodged. The applicant has produced on record copy of FIR and
Aadhar Card in support of his version. He has also produced affdavit of his
customer that he has no objection to return the mobile phone to the
applicant. 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. Samsung A50 seized by Vakola
Police Station CR.No. 687/2021 registered u/sec. 392 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 20,000/.
-- 1 of 2 --
2 C.C.No.57/N/2022
Mohd. Tahir V/s Vakola PS
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 bonds along with the final
report.
Place :Mumbai Metropolitan Magistrate
Date: 11.02.2022 71st Court, Bandra, Mumbai.
-- 2 of 2 --