Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.No.524/N/2022
Vikhil Oberai V/s Santacruz PS
ORDER
1. This is an application filed by the applicant accused for return
of mobile phone seized by Santacruz Police Station C.R.No.09/2022
(C.C.No.673/PW/2022) registered u/sec. 409, 406, 465, 471, 34 of IPC.
2. I.O. and APP raised objection to release the seized mobile.
3. Admittedly seized mobile belongs to applicant accused and it
is in police custody. Applicant accused in support of his contention has
produced mobile bill. Custody of the mobile is not required for further
investigation as chargesheet is filed. No good purpose would serve
keeping the mobile in the police custody. For the apprehension of IO and
APP conditions can be imposed. 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. Application is allowed.
2. Custody of mobile seized by Santacruz Police Station
C.R.No.09/2022 (C.C.No.673/PW/2022) registered u/sec. 409,
406, 465, 471, 34 of IPC be handed over to the applicant
accused on execution of indemnity bond of Rs. 1,10,000/
3. Applicant/ accused is directed not to sell, transfer, alter, dispose
or hand over the seized mobile to third person without prior
permission of court and to produce the same as and when
required for trial.
4. Applicant accused is directed to produce the seized mobile to
the Investigating Officer as and when required for further
investigation.
5. Applicant accused shall not use the said mobile for any criminal
activity.
Sd/
Place :Mumbai Metropolitan Magistrate
Date: 05.08.2022 71st Court, Bandra, Mumbai.
ssm/
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