Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 88/N/2020
C.R. No. 25/2020.
Kherwadi Police Station.
CNR No.MHMM180004912020
Sagar Kurjibhai Vaghani … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
I PHONE 10 MOBILE PHONE.
This is an application vide section 451 of Cr.P.C. for return of
seized IPhone 10 mobile phone.
2. Perused application, say of investigating officer. Heard.
3. Applicant sought custody of said mobile phone being rightful
claimant of the said mobile phone. He is in need of said mobile phone and
ready to abide by any conditions imposed. The application is supported by
various documents such as copy of F.I.R., affidavit, purchase invoice,
Aadhar card.
2. Accordingly, say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, Ld. APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
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the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
ORDER
i) The seized IPhone 10 mobile phone be handed over to the
applicant Sagar Kurjibhai Vaghani, subject to furnishing
Indemnity bond of र 42,000/ (Rs. Forty Two Thousand
Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 07.02.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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