Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW THE APPLICATION FOR RETURN OF PROPERTY
IN NOTICE NO.207/N/2020
1. The applicant is praying for return of Redmi 4 A mobile phone
seized by Santacruz Police Station in C.R.No. 99/2020, registered
u/sec.379 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant. APP opposed the application on ground that the property will
be required at the trial.
3. The applicant submitted that his mobile phone was stolen.
He lodged FIR about theft. He produced on record copy of FIR and Driving
License in support of his version. No one else except the applicant has
claimed the custody of the mobile hand set. 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 to the applicant by imposing
conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Redmi 4 A mobile phone seized by Santacruz
Police Station in C.R.No.99/2020, registered u/sec.379 of IPC
be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 10,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
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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.
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 bond with the final report.
6) The applicant to furnish his address proof.
Mumbai Metropolitan Magistrate
Date: 19.09.2020 71st Court, Bandra, Mumbai.
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