Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.755/N/2020
1. The application is filed by the applicant for return of Laptop
Apple Macbook Air Core i5 seized by Santacruz Police Station in CR.No.
351/2020 registered u/sec. 380 of IPC.
2. The I.O. initially objected return of Laptop on the ground that
the serial number of the laptop differs from the one mentioned in the FIR.
However, after verification of bill and container box, he concluded that the
laptop may be given to the applicant.
3. The applicant submitted that the laptop was purchased in the
name of Haresh Mhatre. The bill stands in the name of Haresh Mhatre.
The laptop was stolen. He lodged report about theft. He has produced on
record copy of FIR, Bill, container box and Aadhar Card in support of his
version. He has also produced No Objection from Haresh Mhatre to
handover the Laptop to the applicant. On perusal of the bill, it appears
that serial number of the laptop is shown as SFVFZ6FVUJ1WK. The same
serial number is mentioned in the FIR. However, the I.O. observed that
the serial number on the laptop is FVFZ6FVUJ1WK. Thus, he had initially
opposed th application. The applicant produced photocopy of bill attached
to container box which show serial number of laptop as FVFZ6FVUJ1WK.
Model Number of the laptop and its configuration mentioned in the bill
also resembles with the description given in invoice affixed on container
box. The applicant has produced a copy of email from flipkart in which it
is stated that the serial number of the laptop is FVFZ6FVUJ1WK and 'S'
prefixing it stands for service for Apple product. It also appears from the
say of I.O. dated 20.01.2021 that the applicant has identified the seized
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laptop as his own. In such situation, there is no hurdle to return the laptop
to the applicant. No one else except the applicant has claimed the custody
of the laptop. There is no likelihood that the trial will commence soon and
conclude in near future. The laptop will get damaged if remained in idle
condition for longer period. It will be proper to hand over the custody of
the laptop to the applicant by imposing conditions. In the result, following
order is passed.
ORDER
1) The application is allowed.
2) The custody of Laptop Apple Macbook Air Core i5 seized by
Santacruz Police Station in CR.No. 351/2020 registered u/sec. 380
of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs.80,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or hand
over the seized laptop to third person without prior permission of
court and to produce the concerned laptop 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.
Mumbai Metropolitan Magistrate
Date: 25.01.2021 71st Court, Bandra, Mumbai.
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