Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 12/N/2024
Abhay V/s. B.K.C. P. Stn.
ORDER
1. The present application is filed for return of seized mobiles
i.e. I Phone 13 Pro Gold and I Phone 14 Pro Max, seized by the B.K.C.
police station in connection with C. R. No.612/2023, registered U/Sec.
409, 420 r/w 34 of I.P.C.
2. I.O. strongly objected to return the seized mobiles to the
applicant, as it will be again used for committing of offence. Ld. A.P.P.
objected to release the mobiles, as it requires for trial.
3. Admittedly, seized mobiles belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar Card and invoices. Application is well supported by
affidavit of applicant/accused. Investigating Officer has filed
chargesheet, which is pending before this court in C. C.
No.2374/PW/2023. Custody of the mobiles is not required for further
investigation, in present matter. The Investigating Officer and Ld. APP
objected the application that it is necessary for trial and by using the
DATA and contact details in the said mobiles accused will use mobiles
for committing another offence. I am of opinion that, the backup of
DATA and contact details can be secured and those can be used in the
trial. For that purpose it is not necessary to remain lying the mobiles in
unused condition in police station. In such circumstances, no good
purpose would serve keeping the said mobiles further in custody. For
the apprehension of Investigating Officer and Ld. A.P.P. condition can be
imposed. Applicant/accused is entitled to receive the seized mobiles. In
the result, following order is passed :-
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ORDER
1 The custody of seized mobile i.e.I Phone 13 Pro Gold
and I Phone 14 Pro Max, seized by the B.K.C. police
station in connection with C. R. No.612/2023,
registered U/Sec. 409, 420 r/w 34 of I.P.C. be handed
over to the applicant on execution of indemnity bond
of R.3,00,000/-.
2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized mobiles to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized mobiles, at the cost of the
applicant and produce the same with indemnity bond
of applicant in the final report.
4 The Investigating Officer shall take the DATA backup
and contact details in the pendrive and then deliver
the custody of mobiles to applicant.
5 The applicant shall file undertaking that he will not
challenge the DATA backup and contact details during
trial, which will be taken in pendrive by the
Investigating Officer.
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C. C. No. 12/N/2024
Abhay V/s. B.K.C. P. Stn.
ORDER
6 The applicant shall not use the mobiles for
commission of any offence.
7 The Investigating Officer shall produce the pendrive
and undertaking given by applicant in the
chargesheet.
Mumbai
Date : 03/02/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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