Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 429/N/2023
Kumarpal V/s. Santacruz. P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e.
Apple iPhone 13 seized in the crime by Santacruz Police Station in C. R.
No.622/2023 registered U/Sec. 420 of IPC and 66 (C) of I. T. Act.
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 trial.
3. Admittedly, seized muddemal belongs to the applicant.
Application is well supported by affidavit of applicant. Applicant in
support of his contention has produced copies of tax invoice, Bank
statement, F.I.R. and his Aadhar Card. 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. iPhone 13 seized in the
crime by Santacruz Police Station in C. R.
No.622/2022 registered U/Sec. 420 of IPC and 66
(C) of I. T. Act. be returned to the applicant on
furnishing indemnity bond of I 1,00,000/-.
2. Applicant 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.
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3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of
the applicant and to produce the photographs and
indemnity bond along with final report.
Mumbai.
Date : 16/10/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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