Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32ND COURT, BANDRA, MUMBAI.
Notice No. 786/N/2020.
C.R. No. 238/2020.
Excise 'FSII’ Division
CNR No.MHMM180041652020
Harshad Nagnath Jadhav … Applicant
V/s.
Sr. Inspector of Police,
( Excise ‘FSII’ Division ) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
OPPO F15 MOBILE PHONE
The applicant / accused is claiming custody of OPPO F15
mobile phone, which was recovered by the Police from the applicant /
accused in pursuant of alleged crime. His application is supported by an
affidavit, Aadhar card & invoice.
2. Accordingly, say of Investigation Officer and learned APP were
called. Investigating officer raised an objection on the ground that applicant
/ accused used alleged mobile phone in the commission of offence. APP
failed to file say.
3. Heard argument, perused the record.
4. Considering the nature of offence, the disputed mobile has
been used for chat application for making order of contrabanned liquor.
Thus, the mobile phone in its complete form has to be preserved for
evidence. Investigation is going on. Yet, chargesheet is not filed. Granting
application would certainly tamper the material evidence. Thus, at this
stage, the applicant / accused is not entitled for interim custody of mobile
phone. Hence, the order:
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2
ORDER
Application is rejected.
Date : 27.01.2021
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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