Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.139/N/2023.
Mohd. Faique V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of mobile seized in
the crime by Vakola Police Station in C. R. No.133/2023, registered
U/Sec. 392, 323 r/w. 34 of IPC.
2. I.O. has given no objection to return the mobile to
applicant. APP raised objection to release the seized mobile, as it
requires for trial.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced his Aadhar Card,
loan financial summary as on 21/02/2023 of Danish Khan and NOC of
original owner. Application is well supported by affidavit of applicant.
There is no rival claim by any person in respect of the seized mobile.
Custody of the mobile is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said mobile
further in custody. Applicant is entitled to receive the seized mobile. In
the result, following order is passed :
ORDER
1. The custody of mobile seized in the crime by Vakola Police
Station in C. R. No.133/2023 registered U/sec. 392, 323
r/w. 34 of IPC be returned to the applicant on furnishing
indemnity bond of Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized mobile to any person without prior
permission of Court and to produce the same, as and when
required for trial.
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3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Mumbai.
Date : 21/04/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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