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. 637/N/2022
C.R. No. 235/2022.
Kherwadi Police Station.
CNR No.MHMM180090442022
Shehanaz Mohammad Ali Sayyed … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Shehanaz
Mohammad Ali Sayyed for release of Oppo A53S mobile phone which is
seized by the Kherwadi Police Station in connection with Crime No.235/2022
registered with the Kherwadi police station for the offence punishable under
section 380 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, the applicant may
tamper the mobile. She prayed for rejection.
3) In support of her contention regarding ownership, applicant has
filed on record verified copies of Aadhar card, invoice and xerox copy of FIR &
statement alongwith her 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
following order :
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:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Oppo A53S mobile phone be handed
over to applicant on executing indemnity bond of Rs. 17,000/ (In
words rupees Seventeen Thousand only), in the police station.
3] The applicant should undertake that she shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.235/2022 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 her address proof.
7] Said application is to be affixed with Crime No.235/2022.
Date : 06.10.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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