Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 117/N/2020 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Redmi K20 Pro Mobile valued at Rs.28,000/ seized in C.R.
No.88/2020 registered u/s. 397 of I.P.C. r/w. Sec.37(1) of M.P. Act by Bandra
Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed his say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed. While
Ld. APP prayed to reject the application on the ground that the said property is
required for the purpose of investigation.
3] In support of application the applicant has filed on record his own
Affidavit and submitted that he is owner of the said mobile and he is ready to
abide every conditions imposed by this Court. Bill of the said mobile is annexed
with the application. The Applicant has filed on record xerox copy of F.I.R.
dated 05/02/2020 which shows him to be the original informant on whose
report crime is registered. The applicant has annexed verified copy of Aadhaar
Card as proof of his identify and address.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized article. The seized property may get damaged
permanently, if remained with police station for long period. No purpose is
likely to be served by keeping the said property at police station till the
conclusion of trial. If seized article is handed over to the applicant on bond by
way of interim custody no serious prejudice or harm would be caused to the
accused and prosecution. Hence, application deserves to be allowed on certain
terms and conditions. Therefore, I pass the following order:
ORDER
1] The application is allowed.
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2] The seized property namely Redmi K20 Pro Mobile valued at
Rs.28,000/ seized in C.R. No.88/2020 by Bandra Police Station be returned to
the Applicant Mr. Amit Krishnat Patil residing at C28, West End CHS Ltd., N.
Datta Marg, Good Shepherd Church, Four Bungalows, Andheri W, Mumbai53
on executing indemnity bond of Rs.40,000/ (Rupees Forty Thousand only)
with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said mobile to third person before the conclusion of
trial.
b) The applicant shall not change the nature of the said mobile in any
mode or manner.
c) The applicant shall produce the said mobile as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
d) The applicant shall follow the conditions imposed on him
scrupulously.
3] The Investigating Officer is directed to take the above indemnity
bond of the applicant and shall return the muddemal on due verification of
applicant. Investigating Officer further directed to file indemnity bond in the
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date: 31/10/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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