Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 470/N/2023
Musheer V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of seized mobile
i.e. I Phone 13 , seized by the Vakola police station in connection with
C. R. No.763/2023, registered U/Sec. 457, 380 of I.P.C.
2. I.O. did not object to return the seized mobile to the
applicant. Ld. A.P.P. objected to release the mobile, as it requires for
trial.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar Card and Aadhar Card of Aziz Khan. Application is
well supported by affidavit of applicant and NOC of Mr. Aziz Razdar
Khan. Custody of the mobile is not required for further investigation. In
such circumstances, no good purpose would serve keeping the said
mobile further in custody. For the apprehension of Ld. A.P.P. condition
can be imposed. Applicant is entitled to receive the seized mobile . In
the result, following order is passed :-
ORDER
1 The custody of seized mobile i.e. I Phone 13, seized
by the Vakola police station in connection with C. R.
No.763/2023, registered U/Sec. 457, 380 of I.P.C. be
handed over to the applicant on execution of
indemnity bond of R.1,00,000/-.
2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized mobile to third
person without prior permission of Court and shall
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produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized mobile, at the cost of the
applicant and produce the same with indemnity bond
of applicant along with final report.
Mumbai
Date : 15/01/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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