Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 142/N/2023
C.R. No. 222/2023.
Kherwadi Police Station.
CNR No. MHMM180024972023
Arvind R. Nair … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Arvind R. Nair
for release of one leather bag, one Dell company laptop and one pair of Apple
airpods, total worth Rs.85,500/ which are seized by the Kherwadi Police
Station in connection with Crime No.222/2023 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 property is
required at the time of trial and the applicant may tamper said property. She
prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record authority letter, tax invoices, verified copy of Aadhar card, ID
card and xerox copy of FIR 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. one leather bag, one Dell company
laptop and one pair of Apple airpods, total worth Rs.85,500/ be
handed over to applicant on executing indemnity bond of Rs. 90,000/
(In words Rupees Ninety 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.222/2023 of Kherwadi 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.222 /2023.
Date : 26.06.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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