Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.801/N/2019
1. The application is filed by the applicant for return of Samsung
A30S mobile phone seized by Santacruz Police Station CR.No. 415/2019
registered u/sec. 392, 34 of IPC.
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. It was robbed. He produced on record copy of FIR, Bill and Adhar
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 Samsung A30S mobile phone seized by
Santacruz Police Station CR.No. 415/2019 registered u/sec.
392, 34 of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 17,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without
prior permission of court and to produce the concerned
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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/
Mumbai Metropolitan Magistrate
Date: 20.11.2019 71st Court, Bandra, Mumbai.
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