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. 620/N/2022
C.R. No. 470/2022.
Kherwadi Police Station.
CNR No. MHMM180087572022
Suhel Dildar Ahmed … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Suhel Dildar
Ahmed for release of Oppo A31, Oppo F17 Pro & Vivo V20 SE mobile phones
which are seized by the Kherwadi Police Station in connection with Crime
No.470/2022 registered with the said police station for the offence punishable
under section 380 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, it is essential at the
time of trial. She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on verified copies of tax invoices and xerox copies of FIR, statement & his
Aadhar card and NOC of original owner – Shakti Naferam Baed of Vivo V20
SE mobile phone alongwith his affidavit. Applicant failed to file NOC of
original owner Mohammed Hamid for Oppo F17 Pro and also failed to
produce him in court.
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
-- 1 of 2 --
investigation, which is to be disposed of as early as possible. As per this ratio,
only Oppo A31 & Vivo V20 SE mobile phones are returned to the applicant.
Under such circumstances, I pass following order :
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property i.e. Oppo A31 & Vivo V20 SE mobile
phone be handed over to applicant on executing indemnity bond of
Rs.33,000/ (In words Rupees Thirty Three 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.470/2022 of Kherwadi 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.470/2022.
Date : 02.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
-- 2 of 2 --