Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32 ND COURT, BANDRA, MUMBAI
Notice No. 154/N/2025
C.R. No. 55/2025.
Excise FS-I Division.
CNR No. MHMM180032542025
Piar Uddin Abdul Kalam … Applicant
V/s.
Sr. Inspector of Police,
(Excise FS-I Division.) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Piar Uddin Abdul
Kalam for release of Vivo V-27 pro mobile, which is seized by the said Excise
Division in connection with Crime No. 55/2025 registered with the said police
station for the offence punishable under section 65(A)(E), 81 & 83 of Bombay
Prohibition Act.
2) I.O. and Ld. APP have objected the application on the ground that
alleged phone used in the offence, if mobile is returned to applicant he may
repeate the crime or may contact other accused involve in said cirme. They
prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed verified purchase invoice, Aadhar card & PAN card alongwith his affidavit.
4) On verification, it is found that seized mobile phone mentioned in
the FIR and charge-sheet is same. 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
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the investigation, which is to be disposed of as early as possible. As per this
ratio, said mobile is returned to the applicant. Under such circumstances, pass
following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Vivo V-27 pro mobile be handed
over to applicant on executing indemnity bond of Rs. 25,000/- (In
words Rupees Twenty Five Thousand only), in the police station.
3] The applicant should undertake that his shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.55/2025 of said Excise Division and criminal case incidental there
of.
4] The applicant is also directed to produce the said muddemal property as
and when ordered to do so.
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. 55/2025.
Date : 22.04.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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