Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 760/N/2020.
C.R. No. 209/2019.
Excise ‘FSII’ Division
CNR MHMM180039102020
Narshi Prabat Babhaniya … Applicant
V/s.
Sr. Inspector of Police,
( Excise ‘FSII’ Division ) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
VIOV PRO AND OPPO PRO MOBILE PHONES
The applicant / accused is claiming custody of his mobile
phones namely, Vivo Pro and Oppo mobile phones which were recovered by
the Police from the applicant / accused in pursuant of alleged crime. His
application is supported by an affidavit and Aadhar card.
2. Accordingly, say of Investigation Officer and learned APP were
called. Investigating officer raised an objection on the ground that applicant
/ accused used alleged mobile phones in the commission of offence. APP
failed to file say.
3. Heard argument, perused the record.
4. Considering the nature of offence, the disputed mobiles have
been used for chat application for making order of contrabanned liquor.
Thus, the mobile phones in its complete form has to be preserved for
evidence. Investigation is going on. Yet, chargesheet is not filed. Granting
application would certainly tamper the material evidence. Thus, at this
stage, the applicant / accused is not entitled for interim custody of mobile
phones. Hence, the order:
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2
ORDER
Application is rejected.
Date : 05.01.2021
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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