Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 94/N/2023
Surendra Kumar V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of 1) Samsung
Galexy A23 Mobile, 2) Aadhar Card, 3) Election Card, 4) PAN Card, 5)
Driving Licence, 6) Electrician Licence No.257406, 7) R. C. Book of
M/cy MH01DU8380, PUC and Insurance Papers 8) 4 Debit Cards of
State Bank of India, Union Bank, Abyudaya Bank, Central Bank of India,
9) 5 Passbooks of Union Bank, Abyudaya Bank, Central Bank of India,
10) 5 Cheque books of Union Bank, Abyudaya Bank, Central Bank of
India and 11) Two Smart Watches, seized by the Santacruz police
station in C. R. No.111/2023, registered U/Sec. 380 of IPC.
2. I.O. did not object to return the seized muddemal to the
applicant. However, 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 FIR and his Aadhar
Card. 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 1) Samsung Mobile, 2) Aadhar Card, 3) Election
Card, 4) PAN Card, 5) Driving Licence, 6) Electrician Licence No.
257406, 7) R. C. Book of M/cy MH01DU8380, PUC and
Insurance Papers 8) 4 Debit Cards of State Bank of India, Union
-- 1 of 2 --
.. 2 ..
Bank, Abyudaya Bank, Central Bank of India, 9) 5 Passbooks of
Union Bank, Abyudaya Bank, Central Bank of India, 10) 5 Cheque
books of Union Bank, Abyudaya Bank, Central Bank of India and
11) Two Smart Watches, seized by the BKC police Station in C. R.
No.111/2023, registered U/Sec. 380 of IPC be handed over to the
applicant on execution of indemnity bond of Rs.10,000/.
2. The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized motor cycle to third person without prior
permission of Court and to produce the same before the Court,
whenever required for trial.
3. The Investigating Officer is directed to take the photographs of
the seized motor cycle, at the cost of the applicant and to produce
the photographs and indemnity bond along with final report.
Mumbai
Date : 15/04/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --