Final Order 1

Order Details: Order Below EX 1
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CC No. 948/N/2021
Chintan V/s. Santacruz Police Station
ORDER
1. The application is filed by the applicant for return of Iphone
12 and Samsung Galaxy Z mobile phones and other articles such as YC
Sound system, 4 speakers sound, QU Mixer, 5 bundles of wire and mike
stand seized by Santacruz Police Station CR.No. 428/2021 registered
u/sec. 188, 269, 34 of IPC.
2. I.O. has given no objection to return the mobile handsets and
articles to the applicant.
3. The applicant submitted that the police conducted search at
Umang Banquet run by him and seized above articles along with his two
mobile phones. He is claiming custody of mobile handsets and the articles.
He has produced on record copies of FIR, Bills, registration certificate of
establishment, authority letter and Aadhar in support of his version. On
perusal of registration certificate of establishment, it appears that the
applicant is the coproprietor of Umang Banquet. He has also produced
authority letter from other proprietors. No one else except the applicant
has claimed the custody of the mobile hand sets and the articles. There is
no likelihood that the trial will commence soon and conclude in near
future. The mobile handsets and articles will get damaged if remained in
idle condition for longer period. It will be proper to hand over the custody
of the mobile handsets and articles to the applicant by imposing
conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
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CC No. 948/N/2021
Chintan V/s. Santacruz Police Station
2) The custody of Iphone 12 and Samsung Galaxy Z mobile phones
and other articles such as YC Sound system, 4 speakers sound, QU
Mixer, 5 bundles of wire and mike stand seized by Santacruz Police
Station CR.No. 428/2021 registered u/sec. 188, 269, 34 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 5,00,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or hand
over the seized mobile handsets and articles to third person without
prior permission of court and to produce the concerned mobile
handsets and articles 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: 21.10.2021 71st Court, Bandra, Mumbai.
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