Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
CC No. 1109/N/2021
Shubham V/s. Vakola PS
ORDER
1. The application is filed by the applicant for return of Samsung
Galaxy mobile phone seized by Vakola Police Station CR.No. 407/2020
registered u/sec. 380 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that his mobile phone was stolen.
His father lodged report about theft. He has produced on record copy of
FIR, Bill and Aadhar in support of his version. He has also produced No
Objection from the first informant to handover the mobile handset to him.
No one else except the applicant has claimed the custody of the mobile
hand set. There is no likelihood that the trial will commence soon and
conclude in near future. The mobile handset will get damaged if remained
in idle condition for longer period. It will be proper to hand over the
custody of the mobile to the applicant by imposing conditions. In the
result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Samsung Galaxy mobile phone seized by
Vakola Police Station CR.No. 407/2020 registered u/sec. 380
of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 12,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
-- 1 of 2 --
2
CC No. 1109/N/2021
Shubham V/s. Vakola PS
hand over the seized mobile hand set to third person without
prior permission of court and to produce the concerned
mobile hand set before the Court, whenever required for trial.
5) The Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce
the photographs and indemnity bond alongwith the final
report.
Sd/
Mumbai Metropolitan Magistrate
Date: 11.01.2022 71st Court, Bandra, Mumbai.
-- 2 of 2 --