Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.41/N/2023.
Piyush V/s. Santaruz P. Stn.
ORDER
1. This is an application filed for return of mobile seized in
the crime by Santacruz Police Station in C. R. No.574/2022, registered
u/sec. 379 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 and NOC of
informant. 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 seized in the crime by Santacruz
Police Station in C. R. No.574/2022 registered u/sec. 379
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 : 18/02/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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