Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.95/N/2023.
Lakshya V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of mobile seized in
the crime by B.K.C. Police Station in C. R. No.98/2023, registered
U/Sec. 379 of IPC.
2. I.O. has given no objection to return the mobile to
applicant. APP raised objection to release the seized mobile, as it
requires for trial.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced mobile invoice and
his Aadhar Card. Application is well supported by affidavit of applicant.
There is no rival claim by any person in respect of the seized mobile.
Custody of the mobile is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said mobile
further in custody. Applicant is entitled to receive the seized mobile. In
the result, following order is passed :
ORDER
1. The custody of mobile seized in the crime by B.K.C. Police
Station in C. R. No.98/2023 registered U/sec. 379 of IPC be
returned to the applicant on furnishing indemnity bond of
Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized mobile to any person without prior
permission of Court and to produce the same, as and when
required for trial.
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3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Mumbai.
Date : 23/03/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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