Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 492/N/2023
Saqib V/s. Santacruz. P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e. Vivo
V 30 seized in the crime by Santacruz Police Station in C. R.
No.1007/2023 registered U/Sec. 392 r/w 34 of IPC.
2. I.O. has given no objection to return the seized muddemal
to applicant. Ld. APP 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 and box cover. 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. Vivo V 30 seized in the
crime by Santacruz Police Station in C. R.
No.1007/2023 registered U/Sec. 392 r/w 34 of IPC.
be returned to the applicant on furnishing indemnity
bond of I 13,000/-.
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.
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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 : 08/11/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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