Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 806/N/2019 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Samsung Galaxy A50 mobile valued at Rs.20,000/ seized in C.R.
No.916/2019 registered under section 379 of I.P.C. by Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP 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 submitted that he is owner of the said mobile and having bill of
the said mobile. Verified copy of bill is annexed with the application. The
Applicant has filed on record xerox copy of F.I.R. dtd. 13/11/2019 which
shows him to be the original informant on whose report crime is registered.
The applicant has annexed verified copy of driving license as proof of his
identify and address.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized articles. The seized property may get
damaged permanently, if remained with police station for long period. No
purpose is likely to be served by keeping the said property 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 property namely Samsung Galaxy A50 mobile valued at
Rs.20,000/ seized in C.R. No.916/2019 by Bandra Police Station be returned
to the Applicant Mr. Prabhu Devi Mandal residing at Ground Floor, GSG/29,
Janta Colony, Worli Village Road, Mumbai25 on executing indemnity bond of
Rs.30,000/ (Rupees Thirty Thousand only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said mobile to third person before the conclusion of
trial.
b) The applicant shall not change the nature of the said mobile in any
mode or manner.
c) 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.
d) 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.
Mumbai
Date: 03/02/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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