Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW THE APPLICATION FOR RETURN OF PROPERTYIN C.
C. NO. 625/N/2019 IN C.R.NO. 195/2019 OF BKC POLICE STATION
1. The application is filed by the applicant for return of Samsang
J4 mobile phone seized by BKC Police Station in crime No.195/2019
registered u/sec. 379 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile handset was stolen.
He lodged FIR. He produced on record copy of FIR and Aadhar Card in
support of his version. No one else except the applicant has claimed the
custody of the mobile hand set. There is no likelihood that the trial will
commence soon and conclude in near future. The mobile hand set will get
damaged if remained in idle condition for longer period. It will be proper
to hand over the custody of the mobile to the applicant by imposing
conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Samsang J4 mobile phone seized by BKC
Police Station in crime No.195/2019 registered u/sec. 379 of IPC be
handed over to the applicant.
3) The applicant to execute indemnity bond of Rs.12,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without prior
permission of court and to produce the concerned mobile hand set before
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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 with the final report.
Sd/
(Pragati B. Yerlekar)
Mumbai Metropolitan Magistrate
Date: 07.10.2019 71st Court, Bandra, Mumbai.
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