Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.115/N/2022
Abhijeet V/s Vakola PS
ORDER
1. Application is filed by the applicant/ accused for return of mobile
phones seized by Vakola Police Station CR.No. 24/2022 registered u/sec. 384,
506 of IPC.
2. I.O. has given no objection to return the mobile handset to
applicant/ accused. APP raised objection to release the seized mobile.
3. Applicant/ Accused submitted that his mobile phone is in police
custody. IO did not raise any objection for return of the mobile phone. There is
no rival claim for custody of the seized mobile phone. The seized mobile phone
does not require for further investigation of the crime. No good purpose would
serve keeping the mobile in the police custody. For the apprehension of APP
conditions can be imposed. It will be proper to hand over the custody of the
mobile handset to the applicant by imposing conditions. Hence, following order
is passed.
ORDER
1. Application is allowed.
2. Custody of mobile phone seized by Vakola Police Station CR.No.
24/2022 registered u/sec. 384, 506 of IPC be handed over to the
applicant/ accused on execution of indemnity bond of Rs. 15,000/
3.
4.
Applicant/ accused 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 hand sets
before the Court, whenever required for trial.
Applicant/accused shall not use the said mobile for any criminal
activity.
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 bonds along with the final report.
Sd/
Place :Mumbai Metropolitan Magistrate
Date: 01.07.2022 71st Court, Bandra, Mumbai.
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2 C.C.No.115/N/2022
Abhijeet V/s Vakola PS
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