Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 CC No. 158/N/2022
Arvind V/s Vakola PS
ORDER
1. The applicant is praying for return of amount of Rs.
1,37,000/ and Iphone 12 mobile phone seized by Vakola police station
in Crime no 93/2022 registered u/s. 394,34 of IPC.
2. The I.O. filed his say. He has no objection to return the
property to the applicant.
3. According to the applicant the accused had robbed his
mobile phone and cash amount of Rs. 2,80,000/. The mobile phone and
cash amount of Rs. 1,37,000/ have been seized by the police. He claims
that he is entitled to receive above mentioned cash amount and mobile
phone. He has produced copies of FIR, invoice on box of mobile phone and
Adhar in support of his submission. No one else except the applicant has
claimed the cash and mobile phone. It will not be proper to keep the cash
in the property room at the police station. The mobile phone may get
damaged. There is no likelihood that the trial will commence and
conclude in near future. It will be proper to hand over the cash and mobile
phone to the applicant. In the result, following order is passed :
ORDER
1. The application is allowed.
2. The amount of Rs. 1,37,000/ and Iphone 12 mobile phone
seized by Vakola police station in Crime no 93/2022 registered u/s.
394,34 of IPC be given to the applicant.
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2 CC No. 158/N/2022
Arvind V/s Vakola PS
3. The applicant is directed to furnish indemnity bond of
Rs.2,00,000 /.
4. The IO should prepare detail panchnama mentioning
the denominations and numbers of currency notes comprising the
seized amount before handing over it to the applicant, if not
prepared earlier.
5. The investigating officer is directed to take photographs of
mobile phone at the cost of the applicant. He should furnish the
indemnity bond and photographs along with the final report.
Metropolitan Magistrate,
Date: 11.05.2022 71st Court, Bandra, Mumbai.
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