Final Order 1

Order Details: Order Below EX 1
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CC No. 852.N.2021
Dharmesh V/s. Santacrzu PS
ORDER
1. The application is filed by the applicant for return of Samsung
A51 and Samsung A50 mobile phones seized by Santacruz Police Station
CR.No. 349/2021 registered u/sec. 457, 380 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile phones were stolen.
Report about theft was lodged. The applicant is claiming custody of the
mobile handsets. He has produced on record copy of FIR, Invoice and
Aadhar in support of his version. No one else except the applicant has
claimed the custody of the mobile hand sets. There is no likelihood that
the trial will commence soon and conclude in near future. The mobile
handsets will get damaged if remained in idle condition for longer period.
It will be proper to hand over the custody of the mobile handsets to the
applicant by imposing conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Samsung A51 and Samsung A50 mobile phones
seized by Santacruz Police Station CR.No. 349/2021 registered
u/sec. 457, 380 of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 35,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand sets to third person without
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CC No. 852.N.2021
Dharmesh V/s. Santacrzu PS
prior permission of court and to produce the concerned
mobile hand sets 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: 29.10.2021 71st Court, Bandra, Mumbai.
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