Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.138/N/2020
1. The application is filed by the applicant for return of Xiomi A
3 mobile phone and Samsung M20 F5 mobile phone seized by BKC Police
Station CR.No. 44/2020 registered u/sec. 380 of IPC.
2. I.O. has given no objection to return the mobile handsets to
the applicant.
3. The applicant submitted that his mobile phone and the mobile
phone of his friend Akshay Jadhav were stolen. He lodged report about
theft. He produced on record copy of FIR, Election Card and Aadhar Card
of Akshay Jadhav in support of his version. He has also produced No
objection from Akshay Jadhav to handover his phone to the applicant. No
one else except the applicant has claimed the custody of the mobile hand
sets. There is no likelihood that the trial will commence soon and
conclude in near future. The mobile handsets will get damaged if remained
in idle condition for longer period. It will be proper to hand over the
custody of the mobile handsets to the applicant by imposing conditions. In
the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Xiomi A3 mobile phone and Samsung M20 F5
mobile phone seized by BKC Police Station CR.No. 44/2020
registered u/sec. 380 of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 40,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
-- 1 of 2 --
2
hand over the seized mobile hand sets to third
person without prior permission of court and to produce the
concerned mobile hand sets 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: 17.02.2020 71st Court, Bandra, Mumbai.
-- 2 of 2 --