Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.770/N/2019
1. The application is filed by the applicant for return of Vivo
mobile phone seized by Vakola Police Station in Special LAC crime
No.32/2019 registered u/sec. 4, 5 of Maharashtra Prevention of Gambling
Act.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that the seized handset is owned by
him. He produced on record copy of FIR, Bill and Aadhar Card in support
of his version. 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 hand set will get damaged if
remained in idle condition for longer period. The mobile handset is not
the subject matter of offence. 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 Vivo mobile phone seized by Vakola Police
Station in Special LAC crime No.32/2019 registered u/sec. 4, 5 of
Maharashtra Prevention of Gambling Act 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
hand over the seized mobile hand set to third person without prior
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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 with the final report.
Sd/
(Pragati B. Yerlekar)
Mumbai Metropolitan Magistrate
Date: 15.11.2019 71st Court, Bandra, Mumbai.
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