Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.773/N/2021
1. The application is filed by the applicant for return of One Plus
7 mobile phone seized by BKC Police Station CR.No. 258/2021 registered
u/sec. 392, 411 of IPC.
2. I.O. has given no objection to return mobile handset.
3. The applicant submitted that his mobile phone was robbed.
He lodged report about robbery. The applicant is claiming custody of
mobile phone. The applicant has produced on record copy of FIR, Affidavit
and Aadhar Card in support of his version. 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
handset to the applicant by imposing conditions. In the result, following
order is passed.
ORDER
1) The application is allowed.
2) The custody of One Plus 7 mobile phone seized by BKC Police
Station CR.No. 258/2021 registered u/sec. 392, 411 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 30,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or hand
over the seized mobile hand set to third person without prior
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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.
Sd/
Mumbai Metropolitan Magistrate
Date: 23.08.2021 71st Court, Bandra, Mumbai.
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