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. 400/N/2022
C.R. No. 470 /2022
Kherwadi Police Station
CNR MHMM180048042022
Suhel Ahamad S/o. Dildar Ahmed … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi PS) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Suhel Ahamad
S/o. Dildar Ahmed for release of Vivo V 20 SE & Oppo A 13 mobile
phones, which are seized by Kherwadi police the in connection with Crime
No.470/2022 registered with said police station for the offence punishable
under section 380 r/w 34 of IPC.
2) Say was called from I. O. and A.P.P. I.O. has no objection. The
Ld. APP has an objection and submitted that it is material evidence during
trial. She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of tax invoice of Vivo mobile phone and xerox
copies of invoice of Oppo mobile phone, FIR, statement & Aadhar card
alongwith his affidavit. But, both the receipts are in the name of Mohd.
Hamid and Shakti Naferam Baed. Both receipts are not in the name of
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applicant and therefore, he is not entitled to get the custody of the mobiles.
Under such circumstances, I pass following order :
:: O R D E R	O R D E R ::
Application is rejected.
Date : 03.08.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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