Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 103/N/2023
C.R. No. 104/2023.
Kherwadi Police Station.
CNR No. MHMM1800010382023
1. Jyoti Prakash Chauhan
2.Mr. Prakash Mangilal Chauhan
… Applicants
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) +1 ...Respondents
ORDER PASSED BELOW EXH.1
This application is filed by the applicants namely Jyoti Prakash
Chauhan and Mr. Prakash Mangilal Chauhan for release of Oppo A 76 and
Samsung Galaxy A13 mobile phones which are seized by the Kherwadi Police
Station in connection with Crime No.104/2023 registered with the said police
station for the offence punishable under section 379 of I.P.C.
2) The I.O. has given no objection. The learned A.P.P. has an
objection and submitted that, said mobiles are required at the time of trial and
the applicants may tamper the mobile phones. She prayed for rejection.
Accused filed his say and given his no objection to return mobile phones to
applicants.
3) In support of their contention regarding ownership, applicants
have filed on record verified copy of tax invoices and xerox copies of Aadhar
cards, FIR, statement alongwith their affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. As per this ratio,
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said mobile phones are returned to the applicant. Under such circumstances, I
pass following order :
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Oppo A 76 and Samsung
Galaxy A13 mobile phones be handed over to applicants on
executing indemnity bond of Rs. 32,000/ (In words Rupees
Thirty Two Thousand only), in the police station.
3] The applicants should undertake that they shall not transfer,
pledge or any other way alienate the said muddemal till the final
disposal of the Crime No.104/2023 of Kherwadi Police Station
and criminal case incidental there of.
4] The applicants are also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
6] The applicants are also directed to produce their address proof.
7] Said application is to be affixed with Crime No.104/2023.
Date : 21.06.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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