Final Order 1

Order Details: Order Below EX 1
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CC No. 710/N/2021
Nehal V/s. Santacruz PS
ORDER
1. The application is filed by the applicant for return of Iphone
11 Pro Max mobile phone seized by Santacruz Police Station CR.No.
20/2021 registered u/sec. 8/27 of NDPS Act.
2. I.O. has raised objection to return the mobile handset to the
applicant stating that it is required for forensic investigation.
3. The applicant submitted she is entitled to custody of the
seized phone. She has produced on record copies of box of mobile phone
and Aadhar Card in support of her version.
4. The applicant argued that the mobile phone was gifted to her.
She could not produce bill of mobile phone. The say of IO shows that the
mobile phone was seized from the possession of the applicant. 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 subject to the claim of
true owner. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Iphone 11 Pro Max mobile phone seized by
Santacruz Police Station CR.No. 20/2021 registered u/sec.
8/27 of NDPS Act be handed over to the applicant, after
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CC No. 710/N/2021
Nehal V/s. Santacruz PS
forensic investigation is complete.
3) The applicant to execute indemnity bond of Rs. 60,000/
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
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 alongwith the final
report.
Mumbai Metropolitan Magistrate
Date: 08.12.2021 71st Court, Bandra, Mumbai.
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