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. 474/N/2022
C.R. No. 729/2022.
Nirmal Nagar Police Station.
CNR No. MHMM180063822022
Vaishali Krishna Tambe … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Vaishali Krishna
Tambe for release of Vivo 19 & Vivo V23 Sunshine gold mobile phones, which
are seized by the Nirmal Nagar Police Station in connection with Crime
No.729/2022 registered with the said police station for the offence punishable
under section 457, 380 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. & Ld. APP have no
objection.
3) In support of her contention regarding ownership, applicant has
filed on record verified copies of invoices, Aadhar card and xerox copy of FIR
alongwith her affidavit.
4) 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 possible. As per this ratio,
said mobiles are returned to the applicant. Under such circumstances, I pass
following order :
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Vivo 19 & Vivo V23 Sunshine gold be
handed over to applicant on executing indemnity bond of Rs. 55,000/
(In words rupees Fifty Five Thousand only), in the police station.
3] The applicant should undertake that she shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.729/2022 of Nirmal Nagar 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 her address proof.
7] Said application is to be affixed with Crime No.729/2022.
Date : 29.07.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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