Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
Notice No. 192/N/2022
C.R. No. 150/2022.
Nirmal Nagar Police Station.
CNR No.MHMM180022112022
Yasinbhai Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Yasinbhai
Shaikh for release of Samsung Note 20 ultra mobile phone which is seized
by the Nirmal Nagar Police Station in connection with Crime No.150/2022
registered with the said police station for the offence punishable under
section 379 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no objection.
The learned A.P.P. has an objection and submitted that, said muddemal is
essential at the time of trial and the applicant may tamper with the mobile.
Thus, she prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of purchase invoice, coloured copy of Aadhar
card and xerox copies of FIR & statement alongwith his 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, said mobile is returned to the applicant. Under such circumstances, I
pass following order.
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Samsung Note 20 ultra
mobile phone be handed over to applicant on executing indemnity bond of
Rs. 1,05,000/ (In words Rupees One Lakh Five Thousand only), in the
police station.
3] The applicant should undertake that he shall not transfer,
pledge or any other way alienate the said muddemal till the final disposal of
the Crime No.150/2022 of Nirmal Nagar Police Station and criminal case
incidental there of.
4] The applicant is 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 applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.150/2022.
Date : 12.04.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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