Final Order 1

Order Details: Order Below EX 1
Pdf Text: Case No.132/N/2018 C. R.
No.512/2017
Khar Police Station
Order below application for return of property
1. It appears that Khar Police Station has seized One Asusu Company mobile
valued Rs.12,000/, One gold colour Lenovo Company mobile valued Rs.8,000/,
Aadhar Card and Pan Card in crime No.512/2017 during personal search of
accused. Present applicant has claimed that, he is the owner of the above said
property and filed application to return the same. In support of his claim, applicant
has filed on record his affidavit and copy of F.I.R.
2. On this application say of I.O. and Ld. APP was called. Ld. APP filed her say
and submitted that applicant accused has not produced any documents to show his
ownership and prayed for rejection of application. I.O. has given no objection to
return the said property as it was recovered during personal search of accused.
3. On perusal of documents on record it appears that, applicant is the
registered owner of the above mentioned property. He is ready to produce before
the court as and when required. The said property is recovered by the police during
his personal search and has no concern with this crime. Mobile is lying in the police
station in an idle condition and likely to cause damages being electronic device. Per
contra, there is no harm to the prosecution, if the application is allowed. With this, I
proceed to pass following order :
ORDER
The Inspector of Khar Police Station, if in possession of one Asusu
company mobile, one gold colour Lenovo Company mobile,
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...2...
Aadhar Card and Pan Card shall hand over the same to the
present applicant.
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Before that the applicant to furnish Indemnity Bond on nonjudicial
stamp paper of Rs.100/ for Rs.20,000/ (Rupees Twenty Thousand Only)
with undertaking to the effect that,
(a) he will not alienate, destroy, give on rent or part with the possession of
the above mobile.
(b) he will produce the property before the Police Station or the Court as
and when directed by this Court.
( S. K. MUNGILWAR )
Addl. Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dt.28.02.2019
kkg
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