Final Order 1

Order Details: Order Below EX 1
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CC No.531/N/2022
Bhavesh Karekar V/s. Vakola PS
ORDER
1. This is an application filed for return of mobile seized in
the crime by Vakola Police Station in C. R. No.765/2022 registered
u/sec. 379 of IPC.
2. Investigating Officer did not objected to return the seized
mobile to the applicant. However, APP objected to release the mobile as
it requires for trial.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced Tax invoice.
Application is well supported by affidavit of applicant. There is no rival
claim by any person in respect of the seized mobile. Custody of the
mobile is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said mobile further in
custody. For the apprehension of APP condition can be imposed.
Applicant is entitled to receive the seized mobile. In the result,
following order is passed :
ORDER
1. The custody of mobile seized in the crime by Vakola
Police Station in C. R. No. 765/2022 registered u/sec.379
of IPC be returned to the applicant on furnishing indemnity
bond of Rs.10,000/.
2. Applicant shall not to transfer, alter, alienate in any
manner seized mobile to any person without prior
permission of Court and to produce the same as and when
required for trial.
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CC No.531/N/2022
Bhavesh Karekar V/s. Vakola PS
3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
sd/-
Metropolitan Magistrate,
Date: 05.08.2022 71st Court, Bandra, Mumbai.
ssm/
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