Interim Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 509/N/2018 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely one Lenovo Company Laptop of black colour seized in C.R.
No.325/2018 registered under section 380, 427 of the Indian Penal Code by
Bandra Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say wherein no objection to handover custody of
seized property to the applicant on certain terms and conditions is conveyed.
3] In support of application the applicant has filed on record his own
“Affidavit” and submitted that he is lawful owner of the said laptop and do not
have purchase bill of the said laptop. The applicant further submitted that he is
ready to produce the said laptop as and when directed by the court. The
Applicant has filed on record xerox copy of F.I.R. dtd. 23/06/2018 which
shows him to be the original informant on whose report crime is registered. He
has filed verified copy of Aadhaar Card as proving of identify and address.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized article. The seized article i.e. laptop is
electronic equipment and it may get damaged permanently, if remained with
police station for long period. No purpose is likely to be served by keeping the
said laptop at police station till the conclusion of trial. If seized article is
handed over to the applicant on bond by way of interim custody no serious
prejudice or harm would be caused to the accused and prosecution. Hence,
application deserves to be allowed on certain terms and conditions. Therefore, I
pass the following order:
O R D E R
1] The application is allowed.
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2] The seized article namely one Lenovo Company Laptop of black
colour seized in C.R. No.325/2018 by Bandra Police Station be returned to the
Applicant Mr. Masood Ahmed Siddique residing at 104, 'C' Block, Sai
Apartment, Umarwadi, Quresh Nagar, Qasaiwada, Kurla W, Mumbai55 on
executing indemnity bond of Rs.20,000/ (Rupees Twenty Thousands only)
with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized laptop to third person before the
conclusion of trial.
b) The applicant shall not change the nature of the said laptop in any
mode or manner.
c) The applicant shall produce the said laptop as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
d) The applicant shall follow the conditions imposed on him
scrupulously.
3] The Investigating Officer is directed to take the above indemnity
bond of the applicant and shall return the muddemal on due verification of
applicant. Investigating Officer further directed to file indemnity bond in the
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Sd/
Mumbai
Date: 05/10/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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