Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 280/N/2022.
C.R. No. 287/2022.
State Kherwadi PS
CNR No.MHMM180031172022
Santosh Chandrakant Pednekar … Applicant
V/s.
Sr. Inspector of Police,
(State Kherwadi PS) ...Respondent.
ORDER PASSED BELOW EXH. 01
This application is filed by the applicant namely Santosh
Chandrakant Pednekar for release of seized muddemal i.e. one Oppo
company A54 mobile phone, One Oppo company black coloured mobile
phone & one SIM card seized by Kherwadi police, in connection with
Crime No.287/2022 registered with the said police station for the
offence punishable under sections 380 of I.P.C.
2) Say was called from I. O. and A.P.P. I.O. has given no
objection. Ld. APP opposed the application and submitted that, said
muddemal used in the commission of offence and there is possibility of
tampering of evidence. She prayed for rejection.
3) In support of his contention regarding ownership, applicant
has filed on record verified copies of only invoice copy of OPPO A54
mobile phone, Aadhar card and xerox copies of FIR & statement
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alongwith his affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. The
applicant has filed only verified copy of OPPO A54 mobile. Therefore,
he is entitled for getting partial muddemal. Under such circumstances, I
pass following order.
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property i.e. OPPO A54
mobile phone be handed over to applicant on executing
indemnity bond of Rs. 17,000/ (In words Rupees
Seventeen Thousand only), in the police station.
3] The applicant should undertake that he shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.287/2022.
4] The applicant is also directed to produce
the said muddemal property as and when ordered to do
so.
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5] The I.O. is directed to draw the proper
panchanama and take out two photographs of the
muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce
his address proof.
7] Said application is to be affixed with Crime
No.287/2022.
Date : 29.04.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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