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. 508/N/2022
C.R. No. 128/2021.
Kherwadi Police Station.
CNR No. MHMM180068742022
Anand Premkant Mishra … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Anand Premkant
Mishra for release of Vivo Z1 Pro mobile phone which is seized by the
Kherwadi Police Station in connection with Crime No.128/2021 registered
with the said police station for the offence punishable under section 392 r/w
34 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no objection.
The learned A.P.P. has an objection and submitted that, it is essential at the
time of trial. She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record original copy of tax invoice and xerox copies of FIR, statement
& his Aadhar card alongwith his 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 mobile is 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 Z1 Pro mobile phone be
handed over to applicant on executing indemnity bond of Rs.15,000/
(In words Rupees Fifteen Thousand only), in the police station.
3] The applicant should undertake that he shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.128/2021 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.128/2021.
Date : 29.08.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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