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. 781/N/2020
C.R. No. 69/2020.
Nirmal Nagar Police Station.
CNR No.MHMM180040502020
Sekh Saidul Azizul Haque … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
VIZ. OPPO COMPANY MOBILE PHONE
This is an application vide section 451 of Cr.P.C. for return of
seized one OPPO company mobile phone (CPH 1893 K16 + 64GB – PLANO
BLACK), IEMI No.869875047485235, 869875047485227.
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 mobile phone and ready to abide
by any conditions imposed. The application is supported by various
documents such as copy of F.I.R., 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 be handed over to the applicant
Sekh Saidul Azizul Haque, subject to furnishing Indemnity
bond of र 14,000/ (Rs. Fourteen 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.
iv) Copy to the concerned police station for compliance of this
order.
Date : 04.01.2021
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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