Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 130/N/2024
Brijesh and Ramsevak V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of two mobile
handsets i.e. Oppo and Lava, seized by the Santacruz police station in
connection with C. R. No.308/2024, registered U/Sec. 380, 457 of I.P.C.
2. I.O. did not object to return the seized mobiles to the
applicant. Ld. A.P.P. objected to release the mobiles, as it requires for
trial.
3. Admittedly, seized mobiles belongs to applicants.
Applicants in support of his contention has produced xerox copies of
F.I.R., Aadhar Cards, Tax Invoices. Application is well supported by
affidavits of applicants. Custody of the mobiles is not required for
further investigation. In such circumstances, no good purpose would
serve keeping the said mobiles further in custody. For the apprehension
of Ld. A.P.P. condition can be imposed. Applicants are entitled to receive
the seized mobiles. In the result, following order is passed :-
ORDER
1 The custody of two mobile handsets, seized by the
Santacruz police station in connection with C. R.
No.308/2024, registered U/Sec. 457, 380 of I.P.C. be
handed over to the
respective applicants on execution
of indemnity bond of R.25,000/- each.
2 The applicants are directed not to sell, transfer, alter,
dispose or hand over the seized mobiles to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
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3 The Investigating Officer is directed to take the
photographs of the seized mobiles, at the cost of the
applicants and produce the same with indemnity
bond of applicants along with final report.
Mumbai
Date : 01/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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