Final Order 1

Order Details: Order Below EX 1
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CC No. 1069/N/2021
Keshav V/s. Santacruz PS
ORDER
1. The application is filed by the applicant for return of Iphone
SE 128 GB mobile phone seized by Vakola Police Station CR.No. 958/2021
registered u/sec. 454, 380 of IPC.
2. I.O. has no objection to return the mobile phone to the
applicant.
3. The applicant submitted that theft had occurred at his house
and two mobile phones were stolen. He lodged report about the theft.
The applicant produced on record copies of FIR and Aadhar Card in
support of his version. He has also produced no objection from his son who
is owner of the above mobile phone. 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 handset
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 Iphone SE 128 GB mobile phone seized by
Vakola Police Station CR.No. 958/2021 registered u/sec. 454,
380 of IPC be handed over to the applicant after verifying
IMEI number.
3) The applicant to execute indemnity bond of Rs. 20,000/
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CC No. 1069/N/2021
Keshav V/s. Santacruz PS
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 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 alongwith the final
report.
Mumbai Metropolitan Magistrate
Date: 20.12.2021 71st Court, Bandra, Mumbai.
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