Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.499/N/2020
1. The application is filed by the applicant for return of Nokia 6.1
mobile phone seized by Vakola Police Station CR.No. 48/2020 registered
u/sec. 392 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile phone was robbed.
He lodged report about the incident. He produced on record copy of FIR,
bill and Aadhar Card in support of his 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 Nokia 6.1 mobile phone seized by Vakola
Police Station CR.No. 48/2020 registered u/sec. 392 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 15,000/.
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
-- 1 of 2 --
2
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.
Mumbai Metropolitan Magistrate
Date: 11.09.2020 71st Court, Bandra, Mumbai.
-- 2 of 2 --