Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.223/N/2022
Harsh V/s Santacruz PS
ORDER
1. The application is filed by the applicant for return of mobile
phone i.e. OPPO RENO6 seized by Santacruz Police Station C.R.
No. 180/2022 registered u/sec. 170, 420, 34 of IPC.
2. I.O. has given no objection to return the mobile handset to
applicant.
3. The applicant submitted that the accused pretended
themselves to be police officers and took his mobile phone under the
pretext of inquiry. They fled away with the mobile phone. Report about
the incident was lodged. The applicant is praying for return of his mobile
phone which is seized by the police. The applicant has produced on record
copy of FIR, Bill and Aadhar Card in support of his version. No one else
has claimed custody of mobile phone. 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 handset to the applicant by
imposing conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of mobile phone i.e. OPPO RENO6 seized by Santacruz
Police Station CR.No. 180/2022 registered u/sec. 170, 420, 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
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2 C.C.No.223/N/2022
Harsh V/s Santacruz PS
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.
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 along with the final
report.
Place :Mumbai Metropolitan Magistrate
Date: 27.04.2022 71st Court, Bandra, Mumbai.
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