Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.120/N/2023
Shahid Akhtar V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of Vivo Y 20, JIO
mobiles and Target Bluethooth speaker seized in the crime by B.K.C.
Police Station in C. R. No.127/2023 registered U/Sec. 380 of IPC.
2. I.O. has given no objection to return the seized mobiles and
Bluethooth speaker to applicant. Ld. A. P. P. raised objection to release
the seized mobiles and Bluethooth speaker, as it requires for trial.
3. Admittedly, seized mobiles and Bluethooth speaker belongs
to the applicant. Applicant in support of his contention has produced
FIR. Application is well supported by affidavit of applicant. There is no
rival claim by any person in respect of the seized mobiles and
Bluethoogh speaker. Custody of the mobiles and Bluethoogh speaker is
not required for further investigation. In such circumstances, no good
purpose would serve keeping the said mobile further in custody. For
apprehension of Ld. A. P. P. condition can be imposed. Applicant is
entitled to receive the seized mobiles and Bluethoogh speaker. In the
result, following order is passed :
ORDER
1. The custody of Vivo Y 20, JIO mobiles and Target
Bluethooth speaker seized in the crime by B.K.C. Police
Station in C. R. No.127/2023 registered U/Sec. 380 of IPC
be returned to the applicant on furnishing indemnity bond
of Rs.10,000/.
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2. Applicant shall not to transfer, alter, alienate in any manner
seized mobiles and bluethooth speaker to any person without
prior permission of Court and to produce the same, as and
when required for trial.
3. The Investigating Officer is directed to take the photographs of
the seized mobiles and bluethooth speaker, at the cost of the
applicant and to produce the photographs and indemnity bond
along with final report.
Mumbai.
Date : 13/04/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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