Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 234/N/2018 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by applicant M/s. AZRB tech
Innovations Pvt. Ltd. through its Assistant Manager Mr. Tanveer Azmat Ansari
for returning of property i.e. 1) I Phone – 3/S, 32 GB Space Gray valued of
Rs.40,400/, 2) I Phone 6, 32 GB Space Gray valued of Rs.28,000/, 3) I Phone
5/S, 16 GB Silver valued of Rs.17,290/, 4) I Phone 6, 32 GB Gold valued of
Rs.28,000/, 5) I Phone 5/S, 16 GB Silver valued of Rs.17,290, 6) Apple
MMEF2HN/A AirpodsHIN valued of Rs.12,900/ total valued of Rs.1,43,880/
seized in C.R. No.433/2017 for the offence u/s.420 of the I.P.C. by Bandra
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 articles i.e. 1) I Phone – 3/S, 32 GB Space Gray valued of Rs.40,400/,
2) I Phone 6, 32 GB Space Gray valued of Rs.28,000/, 3) I Phone 5/S, 16 GB
Silver valued of Rs.17,290/, 4) I Phone 6, 32 GB Gold valued of Rs.28,000/,
5) I Phone 5/S, 16 GB Silver valued of Rs.17,290, 6) Apple MMEF2HN/A
AirpodsHIN valued of Rs.12,900/ total valued of Rs.1,43,880/ seized in C.R.
No.433/2017 to the applicant on certain terms and conditions.
3] The Applicant has filed on record xerox copy of First Information
Report. The applicant has also filed on record tax invoices of the said articles.
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 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:
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O R D E R
1] The application is allowed.
2] The seized articles i.e. 1) I Phone – 3/S, 32 GB Space Gray valued
of Rs.40,400/, 2) I Phone 6, 32 GB Space Gray valued of Rs.28,000/, 3) I
Phone 5/S, 16 GB Silver valued of Rs.17,290/, 4) I Phone 6, 32 GB Gold
valued of Rs.28,000/, 5) I Phone 5/S, 16 GB Silver valued of Rs.17,290, 6)
Apple MMEF2HN/A AirpodsHIN valued of Rs.12,900/ total valued of
Rs.1,43,880/ seized in C.R. No.433/2017 by Bandra Police Station be returned
to the Applicant Mr. Tanveer Azmat Ansari having address at M/s. AZRB Tech
Innovations Pvt. Ltd., Shop No.1, Unit 1, J.D. Alves CHS, 60B, Hill Road,
Bandra (West), Mumbai400 050 on executing indemnity bond of
Rs.2,00,000/ (Rupees Two Lakhs 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: 23/04/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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