Final Order 1

Order Details: Order Below EX 1
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C. C. No. 257/N/2023
Sangeeta V/s. Vakola P.Stn.
ORDER
1. This is an application filed for return of mobile i.e. Vivo
seized in the crime by Vakola Police Station in C. R. No.458/2023
registered U/Sec. 379 of IPC.
2. I.O. has given no objection to return the seized mobile to
applicant. APP raised objection to release the seized mobile, as it
required for trail.
3. Admittedly, seized muddemal belongs to the applicant.
Application is well supported by affidavit of applicant. Applicant in
support of her contention has produced copies of tax invoice of Mobile,
her Aadhar Card, FIR. There is no rival claim by any person in respect of
the seized muddemal. Custody of the seized muddemal is not required
for further investigation. In such circumstances, no good purpose would
serve keeping the said seized muddemal further in custody. Applicant is
entitled to receive the seized muddemal. In the result, following order is
passed :
ORDER
1. The custody of Mobile i.e. Vivo, seized in the crime by
Vakola Police Station in C. R. No.458/2023 registered
U/Sec. 379 of IPC be returned to the applicant on
furnishing indemnity bond of Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized muddemal to any person without prior
permission of Court and to produce the same, as and when
required for trial.
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3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of the
applicant and to produce the photographs and indemnity
bond along with final report.
Mumbai.
Date : 28/06/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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