Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN C. C. NO.854/N/2019
1. The application is filed by the applicant for return of Oppo
PRO16 mobile phone seized by Santacruz Police Station CR.No. 441/2019
registered u/sec. 392 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that the seized handset is owned by
him. It was robbed. She produced on record copy of FIR, Bill and Adhar
Card in support of her version. No one else except the applicant has
claimed the custody of the mobile hand set. There is no likelihood that the
trial will commence soon and conclude in near future. The mobile hand set
will get damaged if remained in idle condition for longer period. It will be
proper to hand over the custody of the mobile to the applicant by imposing
conditions. In the result, following order is passed.
ORDER
1) The application is allowed.
2) The custody of Oppo PRO16 mobile phone seized by
Santacruz Police Station CR.No. 441/2019 registered u/sec.
392 of IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 30,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand set to third person without
prior permission of court and to produce the concerned
mobile hand set before the Court, whenever required for trial.
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5) The Investigating Officer is directed to take the photographs of
the seized property, at the cost of the applicant and to produce
the photographs and indemnity bond with the final report.
Sd/
Mumbai Metropolitan Magistrate
Date: 07.12.2019 71st Court, Bandra, Mumbai.
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