Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.125/N/2020
1. The application is filed by the applicant for return of Redmi
Note 4 mobile phone seized by BKC Police Station CR.No. 36/2020
registered u/sec. 394, 34 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile phone was robbed.
He lodged report about robbery. He produced on record copy of FIR, Bill
and Aadhar Card in support of his version. No one else except the
applicant has claimed the custody of the mobile hand set. 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 to
the applicant by imposing conditions. In the result, following order is
passed.
ORDER
1) The application is allowed.
2) The custody of Redmi Note 4 mobile phone seized by BKC
Police Station CR.No. 36/2020 registered u/sec. 394, 34 of
IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 14,000/.
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
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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 bond with the final report.
Mumbai Metropolitan Magistrate
Date: 28.02.2020 71st Court, Bandra, Mumbai.
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