Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 455/N/2023
Kuldeep V/s. Vakola. P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e.
Oppo A15 S seized in the crime by Vakola Police Station in C. R.
No.585/2023 registered U/Sec. 386, 395, 397 of I.P.C. r/w. 3, 25 of
Arms Act.
2. I.O. has given no objection to return the seized muddemal
to applicant. Ld. A.P.P. raised objection to release the seized muddemal,
as it required for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Application is well supported by affidavit of applicant. Applicant in
support of his contention has produced copies of F.I.R., his Aadhar Card,
Invoice. There is no rival claim by any person in respect of the seized
muddemal. Custody of the seized muddemal is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said seized muddemal further in custody. Applicant is
entitled to receive the seized muddemal. In the result, following order is
passed :-
ORDER
1. The custody of muddemal i.e. Oppo A15 S seized in
the crime by Vakola Police Station in C. R.
No.585/2023 registered U/Sec. 386, 395, 397 of
I.P.C. r/w. 3, 25 of Arms Act. be returned to the
applicant on furnishing indemnity bond of I
25,000/-.
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2. Applicant shall not to transfer, alter, alienate in any
manner seized muddemal to any person without prior
permission of Court and to produce the same, as and
when required for trial.
3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of
the applicant and to produce the photographs and
indemnity bond along with final report.
Mumbai.
Date : 22/11/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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