Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 342/N/2023
Sanjeev V/s. Santacruz. P. Stn.
ORDER
1. This is an application filed for return of mobile i.e. Oneplus
Nord CE 5G seized in the crime by Santacruz Police Station in C. R.
No.13/2019 registered U/Sec. 465, 467, 471 r/w. 34 of IPC and others.
2. I.O. has given no objection to return the seized mobile to
applicant. APP raised objection to release the seized mobile, as it
required for trail.
3. Admittedly, seized muddemal belongs to the applicant.
Application is well supported by affidavit of applicant. Applicant in
support of his contention has produced copies of tax invoice of Mobile,
his Aadhar Card, FIR. There is no rival claim by any person in respect of
the seized muddemal. Custody of the seized muddemal is not required
for further investigation. In such circumstances, no good purpose would
serve keeping the said seized muddemal further in custody. Applicant is
entitled to receive the seized muddemal. In the result, following order is
passed :-
ORDER
1. The custody of Mobile i.e. Oneplus Nord CE 5G seized in
the crime by Santacruz Police Station in C. R. No.13/2019
registered U/Sec. 465, 467, 471 r/w. 34 of IPC and others
be returned to the applicant on furnishing indemnity bond
of I 30,000/-.
2. Applicant shall not to transfer, alter, alienate in any
manner seized muddemal to any person without prior
permission of Court and to produce the same, as and when
required for trial.
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3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of the
applicant and to produce the photographs and indemnity
bond along with final report.
Mumbai.
Date : 25/09/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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