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. 609/N/2022
C.R. No. 920/2022.
Nirmal Nagar Police Station.
CNR No. MHMM180084772022
Mohammed Ibrahim Ifthikhar Ahmed … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mohammed
Ibrahim Ifthikhar Ahmed for release of Techno company mobile phone which
is seized by the Nirmal Nagar Police Station in connection with Crime
No.920/2022 registered with the Nirmal Nagar police station for the offence
punishable under section 379 r/w 34 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no objection.
The learned A.P.P. has an objection and submitted that, said muddemal is
essential at the time of trial and the applicant may tamper with the mobile.
She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of Aadhar card, invoice and xerox copy of FIR &
statement alongwith his affidavit.
4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. As per this ratio,
said mobile is returned to the applicant. Under such circumstances, I pass
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following order :
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Techno company mobile phone be
handed over to applicant on executing indemnity bond of Rs. 8,000/
(In words rupees Eight Thousand only), in the police station.
3] The applicant should undertake that he shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.920/2022 of Nirmal Nagar Police Station and criminal case
incidental there of.
4] The applicant is also directed to produce the said muddemal property as
and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out two
photographs of the muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.920/2022.
Date : 17.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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