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. 816/N/2019
C.R. No. 384/2019.
Nirmal Nagar Police Station.
Pradeepkumar Rout … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
SAMSUNG J7 MOBILE PHONE AND CASH OF RS.900/
By this application the applicant is seeking return of one
Samsung J7 Mobile phone & cash of Rs.900/, as quoted in the application,
being entitled for the same. The Nirmal Nagar police station has seized said
mobile in the alleged offence of robbery. He is ready to produce the said
property whenever required till final disposal of case. The application is
supported by various documents such as copy of F.I.R., affidavit, Aadhar
card etc.
2. Accordingly, say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, Ld. 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 & cash may
be temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
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2
ORDER
i) The seized Samsung J7 Mobile phone & cash of Rs.900/ be
handed over to the applicant Pradeepkumar Rout, subject to
furnishing Indemnity bond of र 18,000/ (Rs. Eighteen
Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future
and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 25.11.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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