Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-001940-2025 C. C. No. 94/N/2025
Ashiph V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized
muddemal i.e. mobile (Samsung S 22 Ultra Green colour), seized by
the Santacruz police station in connection with C. R. No.976/2024,
registered U/Sec. 318(4), 112 of The Bharatiya Nyaya Sanhita, 2023
r/w.s. 66 (c), 66(d) of I.T. Act.
2. I.O. and Ld. A.P.P. strongly objected to release the
muddemal, as it is part and parcel of evidence and also requires for
trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of his
Aadhar card, Invoice. 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 seized muddemal i.e. i.e. mobile
(Samsung S 22 Ultra Green colour), seized by the
Santacruz police station in connection with C. R.
No.976/2024, registered U/Sec. 318(4), 112 of The
Bharatiya Nyaya Sanhita, 2023 r/w.s. 66 (c), 66(d) of
I.T. Act be handed over to the applicant on execution
of indemnity bond of R.55,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized muddemal to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of
the applicant and produce the same with indemnity
bond of applicant along with final report.
Mumbai.
Date : 11/03/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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