Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 412/N/2023
Satyendra V/s. Vakola. P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e. 5
mobiles 1] One Plus, 2] Real, 3] Infinix, 4] Real and 5] Techno made
seized in the crime by Vakola Police Station in C. R. No.785/2023
registered U/Sec. 380 of I.P.C.
2. I.O. has given no objection to return the seized muddemal
to applicant. APP raised objection to release the seized muddemal, as it
required for trail.
3. Admittedly, seized muddemal belongs to the applicant.
Application is well supported by affidavits of applicant, Vinit Shiv
Nandan, Ashish Jagdish Kumar, Brijesh Asharfi Lal and Sahul Maiku
Kumar. Applicant in support of his contention has produced copies of
F.I.R. and Aadhar Cards of owner of each mobile. There is no rival claim
by any person in respect of the seized muddemal. Custody of the seized
muddemal is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said seized
muddemal further in custody. Applicant is entitled to receive the seized
muddemal. In the result, following order is passed :-
ORDER
1. The custody of muddemal i.e. i.e. 5 mobiles 1] One
Plus, 2] Real, 3] Infinix, 4] Real and 5] Techno made
seized in the crime by Vakola Police Station in C. R.
No.785/2023 registered U/Sec. 380 of I.P.C. be
returned to the applicant on furnishing indemnity
bond of I10,000/- of each lawful owner of mobile
handset respectively.
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2. Applicant and each lawful owner of mobile handset
of shall not to transfer, alter, alienate in any manner
seized muddemal to any person without prior
permission of Court and to produce the same, as and
when required for trial.
3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of
the applicant and each lawful owner of mobile
handset and to produce the photographs and
indemnity bond along with final report.
Mumbai.
Date : 20/10/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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