Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 206/N/2018 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. one drone DJI phantom4pro with case (toy) valued of Rs.30,000/ as well
as three mobiles i.e. Nexus Company of black colour, Motorola Company of
black colour and Vivo Company of black colour seized in C.R. No.591/2017 for
the offence u/s.188, 34 of the I.P.c r/w. Sec.33 N of the Maharashtra Police Act
by Bandra Police Station.
2] On the application say of Investigating Officer and Ld. APP was
called. The Investigating Officer has filed say, gave no objection to handover
custody of seized articles i.e. 1) one drone of Phantom Co. of white colour and
2) one drone remote of white colour Model No.GL 300C seized in C.R.
No.591/2017 to the applicant on certain terms and conditions. While Ld. APP
filed say and submitted that the said property is required at the stage of trial.
The applicant has not attached any document. Hence, opposed the application.
3] Perused the application, affidavit in support of application and say
filed by Investigating Officer and Ld. APP. On perusing the application it
appears that the applicant prays for drone with case as well as three mobiles
seized by Investigating Officer during investigation. But on perusal of say filed
by Investigating Officer it seems that the three mobiles which was seized by
Investigating Officer are sent for chemical analyses at Kalina Santacruz.
Therefore, at this stage the applicant is not entitled the said three mobiles.
Concerning with the drone and its remote is in the custody of Investigating
Officer and accused is entitled for the same.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized articles. The seized articles are 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 articles at
police station till the conclusion of trial. If seized articles are handed over to
applicant on bond by way of interim custody no serious prejudice or harm
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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 partly allowed.
2] The seized articles i.e. 1) one drone of Phantom Co. of white
colour and 2) one drone remote of white colour Model No.GL 300C seized in
C.R. No.591/2017 by Bandra Police Station be returned to the Applicant Mr.
Hamza Gulam Hussain Shaikh residing at Room No.1/43, Abdul Hakim Manzil,
Guljar Galli, Navpada, Bandra E, Mumbai51 on executing indemnity bond of
Rs.60,000/ (Rupees Sixty Thousands only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized articles to third person without prior
permission of Court.
b) The applicant shall produce the said articles 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: 26/04/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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