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. 539/N/2022
C.R. No. 67 /2022.
Kherwadi Police Station.
CNR No. MHMM180073312022
Kondiba Baburao Zanje … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Kondiba
Baburao Zanje for release of Airpods Pro of Apple company, which is seized
by the Kherwadi Police Station in connection with Crime No.67/2022
registered with the said police station for the offence punishable under section
380 of I.P.C.
2) Say was called from I. O. & A.P.P.. They both have given their no
objection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of Aadhar card, notarized purchased bill & xerox
copies of FIR & statement 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 ingot 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. Airpods Pro of Apple company
be handed over to applicant on executing indemnity bond of
Rs. 5,500/ (In words rupees Five Thousand Five Hundred 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.67 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.67/2022.
Date : 12.09.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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