Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-008434-2025 C. C. No. 394/N/2025
Vipul V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of seized
muddemal i.e. Vivo mobile, seized by the Vakola police station in
connection with C. R. No.635/2025, registered U/Sec. 304(2) of The
Bharatiya Nyaya Sanhita, 2023.
2. I.O. did not object to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the muddemal, as it requires for
trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar card, Invoice. Application is well supported by
affidavit of applicant and NOC of Riddhi Yogen Saraiya. Custody of the
muddemal is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said
muddemal further in custody. For the apprehension of Ld. A.P.P.
condition can be imposed. Applicant is entitled to receive the seized
muddemal. In the result, following order is passed :-
ORDER
1 The custody of seized muddemal i.e. Vivo mobile,
seized by the Vakola police station in connection with
C. R. No.635/2025, registered U/Sec. 304(2) of The
Bharatiya Nyaya Sanhita, 2023 be handed over to the
applicant on execution of indemnity bond of
R.50,000/-.
-- 1 of 2 --
.. 2 ..
2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized muddemal to third
person without prior permission of Court and shall
produce the same before the Court, whenever
required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of
the applicant and produce the same with indemnity
bond of applicant along with final report.
Mumbai.
Date : 25/07/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 25/07/2025.
-- 2 of 2 --