Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.392/N/2020
1. The application is filed by the applicant for return of Nokia
mobile phone seized by Vakola Police Station CR.No. 240/2020 registered
u/sec. 380, 34 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that her mobile phone was stolen.
Report about theft was lodged. She produced on record copy of FIR and
Aadhar Card in support of her version. She has also produced No Objection
from the first informant to handover the mobile to her. No one else except
the applicant has claimed the custody of the mobile hand set. There is no
likelihood that the trial will commence soon and conclude in near future.
The mobile handset will get damaged if remained in idle condition for
longer period. It will be proper to hand over the custody of the mobile to
the applicant by imposing conditions. In the result, following order is
passed.
ORDER
1) The application is allowed.
2) The custody of Nokia mobile phone seized by Vakola Police
Station CR.No. 240/2020 registered u/sec. 380, 34 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 8,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without
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prior permission of court and to produce the concerned
mobile hand set before the Court, whenever required for trial.
5) The Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce
the photographs and indemnity bond with the final report.
Mumbai Metropolitan Magistrate
Date: 03.08.2020 71st Court, Bandra, Mumbai.
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