Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 519/N/2018 Dharavi 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 Samsung A5 mobile of black colour valued at Rs.25,000/ seized
in C.R. No.271/2018 registered under section 394 of the Indian Penal Code by
Dharavi 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 has given undertaking. The Applicant has filed on record xerox
copy of F.I.R. dtd. 05/07/2018 which shows him to be the original informant
on whose report crime is registered. He has annexed verified copy of purchase
receipt of the said mobile. He has also filed verified Aadhaar copy 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. mobile 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 mobile 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 Samsung A5 mobile of black colour
valued at Rs.25,000/ seized in C.R. No.271/2018 by Dharavi Police Station be
returned to the Applicant Mr. Ansari Nizamuddin Iftekhar Ahmed residing at
Room No.230, Maharana Pratap Nagar, Dharavi, Mumbai17 on executing
indemnity bond of Rs.25,000/ (Rupees Twenty Five Thousands only) with
condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized mobile to third person before the
conclusion of trial.
b) The applicant shall produce the said mobile as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
c) 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: 04/08/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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