Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 778/N/2020
C.R. No. 312/2020
Kherwadi Police Station.
CNR No.MHMM180040462020
Ramesh Maruti Dhotre … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ. CASH
OF RS.60,000/ AND ONE REDMI COMPANY MOBILE PHONE,
MODEL NO.9 PRIME
This is an application vide section 451 of Cr.P.C. for return of
seized cash of Rs.60,000/ and one Redmi company mobile phone, model
No.9 Prime, IEMI No.868918046600387/86891804660039.
2. Perused application, say of investigating officer. Heard.
3. Applicant sought custody of said mobile phone being rightful
claimant of the same. He is in need of said muddemal and ready to abide by
any conditions imposed. The application is supported by various documents
such as copy of F.I.R., invoice, affidavit & Aadhar card.
4. Accordingly, say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, Ld. APP failed to file say.
5. Heard argument, perused the record.
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6. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
ORDER
i) The seized mobile phone and cash of Rs.60,000/ be handed
over to the applicant Ramesh Maruti Dhotre, subject to
furnishing Indemnity bond of र 70,000/ (Rs. Seventy
Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future
and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 24.12.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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