Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-001130-2025 C. C. No. 62/N/2025
Faraz V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of seized
muddemal i.e. mobile (One plus 12R 16/256), seized by the Vakola
police station in connection with C. R. No.28/2025, registered U/Sec.
309(6), 3(5) of The Bharatiya Nyaya Sanhita, 2023.
2. I.O. did not object to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the muddemal, as it requires for
trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar card, Driving Licence, PAN Card, Invoice. Application
is well supported by affidavit of applicant. Custody of the muddemal is
not required for further investigation. In such circumstances, no good
purpose would serve keeping the said muddemal further in custody. For
the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized muddemal. In the result, following order is
passed :-
ORDER
1 The custody of seized muddemal i.e. mobile (One
plus 12R 16/256), seized by the Vakola police
station in connection with C. R. No.28/2025,
registered U/Sec. 309(6), 3(5) of The Bharatiya
Nyaya Sanhita, 2023 be handed over to the applicant
on execution of indemnity bond of R.50,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized muddemal 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 muddemal, at the cost of
the applicant and produce the same with indemnity
bond of applicant along with final report.
Mumbai.
Date : 01/02/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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