Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.136/N/2022
Pallavi V/s Santacruz PS
ORDER
1. The application is filed by the applicant for return of mobile
phone i.e. Xiaomi 11x seized by Santacruz Police Station CR.No. 29/2022
registered u/sec. 379 of IPC.
2. I.O. has given no objection to return the mobile phone to the
applicant.
3. The applicant is wife of the first informant. She submitted
that the mobile phone was stolen from the possession of her husband.
Report about the incident was lodged. The applicant has produced on
record copy of FIR, Bill and Aadhar Card in support of her version. She
has also produced no objection of the first informant to handover the
mobile phone to her. No one else has claimed custody of mobile phone.
There is no likelihood that the trial will commence soon and conclude in
near future. The mobile handset will get damaged if remained in idle
condition for longer period. It will be proper to hand over the custody of
the mobile handset to the applicant by imposing conditions. In the result,
following order is passed.
ORDER
1) The application is allowed.
2) The custody of Xiaomi 11x seized by Santacruz Police Station CR.No.
29/2022 registered u/sec. 379 of IPC be handed over to the
applicant.
3) The applicant to execute indemnity bond of Rs. 27,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or hand
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2 C.C.No.136/N/2022
Pallavi V/s Santacruz PS
over the seized mobile hand set to third person without prior
permission of court and to produce the concerned mobile hand set
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 bonds along with the final
report.
Place :Mumbai Metropolitan Magistrate
Date: 24.03.2022 71st Court, Bandra, Mumbai.
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