Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 208/N/2018 Shahu Nagar Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. Nokia Co. model no.5233 of black colour mobile valued of Rs.4,000/
seized in C.R. No.14/2014 for the offence u/s.379 of the I.P.C. by Shahu Nagar
Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say, gave no objection to handover custody of
seized property i.e. Nokia Co. model no.5233 of black colour mobile valued of
Rs.4,000/ seized in C.R. No.14/2014 to the applicant on certain terms and
conditions.
3] In support of application the applicant has filed on record his own
“Affidavit” and has given undertaking. The Applicant has filed on record xerox
copy of FIR dtd. 17/01/2014.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized article. The seized article i.e. mobile is electronic
equipment and it may get damaged permanently, if remained with police stn.
for long period. No purpose is likely to be served by keeping the said mobile at
police station till the conclusion of trial. If seized article is handed over to
applicant on bond by way of interim custody no serious prejudice or harm
would be caused to accused and prosecution. Hence, application deserves to be
allowed on certain terms and conditions. Therefore, I pass the following order:
O R D E R
1] The application is allowed.
2] The seized article i.e. Nokia Co. model no.5233 of black colour
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mobile valued of Rs.4,000/ seized in C.R. No.14/2014 by Shahu Nagar Police
Station be returned to the Applicant Mr. Mohd. Murtuja Hussain S/o Bismillah
Hussain residing at Ground Floor, Kamla Nehru Nagar, Jasmine Mill Road,
Dharavi, Mumbai on executing indemnity bond of Rs.20,000/ (Rupees Twenty
Thousands only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized mobile to third person without prior
permission of Court.
b) The applicant shall produce the said mobile as and when directed
by the Court or I.O. in the trial or in the course of investigation as
and when directed.
c) The applicant shall follow the conditions imposed on him
scrupulously.
3] The I.O. is directed to take the above indemnity bond of applicant
and shall return the muddemal on due verification of applicant. I.O. further
directed to file indemnity bond in the Court. On filing of indemnity bond, it be
attached with the chargesheet.
Order accordingly.
Sd/
Mumbai
Date: 27/04/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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