Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 107/N/2020
Application for Return of Property
1. Read the application. The applicant claimed that his owner Smt.
Smita Modi has lodged the report in respect of theft of her airphones of
Apple company and his IPhone 5 SE mobile phone in Khar police
station and crime No.470/19 is registered. He claimed that his IPhone
5 SE mobile phone was stolen by the accused and police recovered the
same from the custody of accused and he prayed to return the same.
2. Ld. APP filed her say underneath the application in C.C.
No.665/N/2019 and submitted that Iphone 5 SE mobile phone belongs
to Mr. Shivnandan Dalvi. Hence, the application regarding Iphone,
order may be passed and on conditions it may be returned to applicant.
Say of accused was called. Accused failed to give his say. I.O. filed
common say in C.C. No.665/N/2019 and submitted that he has no
objection to return the said property.
3. Heard the Ld. Counsel for the applicant. In the affidavit,
applicant has submitted that he is the owner of the Iphone 5 SE mobile
phone. To support his contention, applicant filed xerox copy of invoice
of said mobile on record. Report is lodged by the owner of the
applicant and nobody has claimed the property. Hence, on the
conditions, interim custody of Iphone 5 SE mobile phone be given to
the applicant. Hence, I pass the following order :
O R D E R
i] Application is allowed.
Ii] The Inspector of Khar Police Station, shall hand over the Iphone
5 SE mobile phone to the present applicant subject to Indemnity Bond
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for Rs.20,000/ (Rupees Twenty Thousand Only) undertaking to the
effect that,
(a) he will not alienate, destroy, give on rent or part with the
possession of the above mobile,
(b) he will produce the said mobile phone before the Police
Station or the Court as directed by this Court.
(c) That the applicant to furnish photographs of the mobile phone to
the police station, which later on to be filed alongwith the final report
in the Court by the police.
( Sudhir N. Shinde )
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
Dt.02.03.2020 I/c. A.C.M.M. 9th Court, Bandra, Mumbai.
Kkg
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