Final Order 1

Order Details: Order Below EX 1
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CC No. 934/N/2021
Sanjay V/s. Santacruz PS
ORDER
1. The application is filed by the applicant for return of Apple I
phone 6S and Samsung S A30 mobile phone seized by Santacruz Police
Station CR.No. 310/2021 registered u/sec. 380, 34 of IPC.
2. I.O. has given no objection to return the mobile handset I
phone 6S.
3. The applicant submitted that his mobile phone and mobile
phone of Vinay Kumar were stolen. He lodged report of theft. The
applicant has produced on record copy of FIR, Invoice and Aadhar Card in
support of his version. He has also produced No objection from Vinay
Kumar to handover Samsung mobile phone to him. However, say of IO
does not reflect seizure of Samsung mobile phone. Hence, direction to
return the said mobile phone cannot be given. The applicant has
substantiated his claim for custody of Iphone 6S. No one else has claimed
its custody. 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 handset to the applicant by imposing conditions. In
the result, following order is passed.
ORDER
1) The application is partly allowed.
2) The custody of Apple Iphone 6S seized by Santacruz Police Station
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CC No. 934/N/2021
Sanjay V/s. Santacruz PS
CR.No. 310/2021 registered u/sec. 380, 34 be handed over to the
applicant.
3) The applicant to execute indemnity bond of Rs. 20,000/.
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: 23.10.2021 71st Court, Bandra, Mumbai.
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