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. 232/N/2024
C.R. No. 135/2024.
Kherwadi Police Station.
CNR No.MHMM18-005520-2024
Mohd. Akbar Sardar Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mohd. Akbar
Sardar Shaikh for release of Vivo Y16 mobile phone which is seized by the
Kherwadi Police Station in connection with Crime No. 135/2024 registered
with the said police station for the offence punishable under section 394 of
I.P.C.
2) I.O. has given no objection to return said mobile phone to
applicant. Ld. APP objected the application on the ground that if said mobile
returned to applicant he may repeat the same type of crime. He prayed for
rejection.
3) In support of his contention regarding ownership, applicant has
filed verified purchase invoice, Aadhar card and xerox copy of FIR, statement
alongwith his affidavit.
4) On verification, it is found that the IMEI number mentioned In the
FIR and mentioned in the invoice is same i.e. 351584131423970. Therefore, it
is the same phone which is reported to be stolen. In the matter of
Sunderbhai
Ambalal Desai V/s. State of Gujrath, AIR 2003, SC 638 the Hon'ble Supreme
Court has laid down certain guidelines as to the property which is seized by
the police during the investigation, which is to be disposed of as early as
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possible. As per this ratio, said mobile is returned to the applicant. Under such
circumstances, pass following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Vivo Y16 mobile phone be handed
over to applicant on executing indemnity bond of Rs. 13,000/- (In words
Rupees Thirteen Thousand only), in the police station.
3] The applicant should undertake that his shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.135/2024 of Kherwadi Police Station and criminal case
incidental there of.
4] The applicant is also directed to produce the said muddemal property as
and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out two
photographs of the muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.135/2024.
Date : 26.06.2024
ssl.
(S.S. Parkhi)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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