Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 125/N/2024
Mohd. Ahmed V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized property
i.e. Vivo made 2 mobiles i.e. V29E and Y 56 and cash amount of
I5,600/-, seized by the Santacruz police station in connection with C. R.
No.174/2024, registered U/Sec. 420, 170 of I.P.C.
2. I.O. did not object to return the seized property to the
applicant. Ld. A.P.P. objected to release the property, as it requires for
trial.
3. Admittedly, seized property belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar Card. Application is well supported by affidavit of
applicant. Custody of the property is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said property further in custody. For the apprehension of
Ld. A.P.P. condition can be imposed. Applicant is entitled to receive the
seized property. In the result, following order is passed :-
ORDER
1 The custody of only seized property i.e. Vivo made 2
mobiles i.e. V29E and Y 56 and cash amount of
I5,600/-, seized by the Santacruz police station in
connection with C. R. No.174/2024, registered
U/Sec. 420, 170 of I.P.C. be handed over to the
applicant on execution of indemnity bond of
R.50,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized property to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized mobiles and noted number
of currency notes, at the cost of the applicant and
produce the same with indemnity bond of applicant
along with final report.
Mumbai
Date : 12/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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