Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 CC No. 866/N/2021
Bhaskar V/s. State
ORDER
1. The application is filed by the applicant for return of Iphone
5S mobile phone seized by Vakola Police Station CR.No. 80/2014
registered u/sec. 342, 324, 506, 34 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant. Chargesheet is filed in the said C.R. vide CC No.
1426/PW/2017.
3. The applicant submitted that the mobile phone was owned by
his son Manoj. He was serving with shopping plaza at Hayat hotel. His
Superior Officers i.e. accused in this case leveled allegation against him
and others of working for other employers. Manoj and his coworkers
were beaten and abducted by the accused. Their mobile phone were
forcibly taken from them. One of the coworker of Manoj lodged report
about the incident. Manoj expired on 09.03.2020. Thus, the applicant is
claiming the mobile handset of deceased Manoj. He produced on record
copy of FIR, Statement of Manoj, Spot Panchanama, Death Certificate and
Aadhar of Manoj, Bill and Aadhar Card in support of his version.
4. On perusal of chargesheet, it appears that the cell phone
corresponding description given by the applicant has been seized. The
investigating officer has no objection to return the cell phone to the
applicant. The applicant states that he wants to preserve the phone in
memory of his deceased son. The documents submitted by him support his
version. No one else except the applicant has claimed the custody of the
mobile hand set. There is no likelihood that the trial will commence soon
and conclude in near future. The mobile handset will get damaged if
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2 CC No. 866/N/2021
Bhaskar V/s. State
remained in idle condition for longer period. It will be proper to hand
over the custody of the mobile to the applicant by imposing conditions. In
the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Iphone 5S mobile phone seized by Vakola
Police Station CR.No. 80/2014 registered u/sec. 342, 324,
506, 34 of IPC be handed over to the applicant. The custody
is interim custody and shall be subject to any order from
competent civil court with respect to the custody of the said
mobile phone.
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 set to third person without
prior permission of court and to produce the concerned
mobile hand set 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: 08.09.2021 71st Court, Bandra, Mumbai.
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