Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 223/N/2024
Manoj V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized property
i.e. One Plus mobile, seized by the Santacruz police station in
connection with C. R. No.324/2024, registered U/Sec. 392 of I.P.C.
2. I.O. did not object to return the seized property to the
applicant. Ld. A.P.P. objected to release the property, as it requires for
trial.
3. Admittedly, seized property belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar Card and invoice in respect of mobile. Application is
well supported by affidavit of applicant and NOC of informant Ganesh
Solanki alongwith his Aadhar Card. Custody of the property is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said property further in custody. For
the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized property. In the result, following order is
passed :-
ORDER
1 The custody of only seized property i.e. One Plus
mobile, seized by the Santacruz police station in
connection with C. R. No.324/2024, registered
U/Sec. 392 of I.P.C. be handed over to the applicant
on execution of indemnity bond of R.30,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized property to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized mobiles at the cost of the
applicant and produce the same with indemnity bond
of applicant along with final report.
Mumbai
Date : 13/05/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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