Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.60/N/2023.
Simran V/s. Santaruz P. Stn.
ORDER
1. This is an application filed for return of mobile/Iphone
seized in the crime by Santacruz Police Station in C. R. No.264/2022,
registered u/sec. 392 r/w. 34 of IPC.
2. I.O. has given no objection to return the mobile/Iphone to
applicant. APP raised objection to release the seized mobile/Iphone.
3. Admittedly, seized mobile/Iphone belongs to the applicant.
Applicant in support of her contention has produced mobile/Iphone
invoice. Application is well supported by affidavit of applicant. 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/Iphone seized in the crime by
Santacruz Police Station in C. R. No.264/2022 registered
u/sec. 392 r/w. 34 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 : 21/02/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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