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. 763/N/2019
C.R. No. 256/2019.
Excise 'FSII' Division
Diwan Vishan Singh … Applicant
V/s.
Sr. Inspector of Police,
(Excise 'FSII' Division) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
OPPO MOBILE PHONE.
By this application the applicant is seeking return of OPPO
mobile phone, as quoted in the application, being entitled for the same. It
is further submitted that, the said mobile was seized by Excise 'FSII'
Division, as alleged. He is ready to produce the said property whenever
required till final disposal of case. The application is supported by various
documents such as copies of affidavit of applicant.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer raised objection to release said mobile phone in
favour of applicant, he may destroyed the information or evidence.
Whereas, learned APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being entitled for the same,
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
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ORDER
i) The seized OPPO mobile phone be handed over to the
applicant Diwan Vishan Singh, subject to furnishing
Indemnity bond of र 10,000/ (Rs. Ten Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall prepared panchanama & obtain
photographs of seized mobile from all angles for its proper
identification in future and also copy the contact numbers or
information, which are found suspected and obtained the
signature of the accused on the said panchanama.
iv) Copy to the concern Excise Division for compliance of this
order.
Date : 13.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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