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. 354/N/2018
C.R. No. 19/2018.
Nirmal Nagar Police Station.
Ajit Shantaram Palande … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
VIVO COMPANY MOBILE PHONE
By this application the applicant Ajit Shantaram Palande, is
seeking return of one Vivo company mobile phone, as quoted in the
application, being entitled for the same. It is further alleged that, it was
stolen by somebody, therefore he had lodged complaint with Nirmal Nagar
police station and said mobile is recovered by Nirmal Nagar police station.
He is ready to produce the said property whenever required till final
disposal of case. The application is supported by various documents such as
copy of F.I.R., affidavit and purchase invoice.
2. Accordingly say of investigating officer and learned APP were
called. They both have failed to file their say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
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ORDER
i) The seized Vivo company mobile phone be handed over to the
applicant Ajit Shantaram Palande, subject to furnishing
Indemnity bond of र 20,000/ (Rs. Twenty Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 24.07.2018
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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