Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.565/N/2021
1. The application is filed by the applicant for return of Samsung
Galaxy Note 9 mobile phone seized by Santacruz Police Station CR. No.
189/2021 registered u/sec. 379, 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 of theft was lodged. She has produced on record copy of FIR and
Aadhar Card in support of her version. 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 Samsung Galaxy Note 9 mobile phone seized
by Santacruz Police Station CR.No. 189/2021 registered
u/sec. 379, 34 of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 30,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without
prior permission of court and to produce the concerned
mobile hand set before the Court, whenever required for trial.
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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 alongwith the final
report.
Sd/
Mumbai Metropolitan Magistrate
Date: 12.07.2021 71st Court, Bandra, Mumbai.
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