Final Order 1

Order Details: Order Below EX 1
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CC No. 868.N.2021
Amit V/s. Santacrzu PS
ORDER
1. The application is filed by the applicant for return of One Plus
Nord mobile phone 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 phone was stolen.
Report about theft was lodged. The applicant is claiming custody of the
mobile handset. 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 set. There is no likelihood that the
trial will commence soon and conclude in near future. The mobile handset
will get damaged if 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 One Plus Nord mobile phone 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. 25,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without
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CC No. 868.N.2021
Amit V/s. Santacrzu PS
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: 29.10.2021 71st Court, Bandra, Mumbai.
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