Final Order 1

Order Details: Order Below EX 1
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ORDER IN C. C. NO.894/N/2019
1. The application is filed by the applicant for return of OPPO A
9 2020 mobile phone seized by BKC Police Station CR.No. 347/2019
registered u/sec. 379, 34 of IPC.
2. I.O. has given no objection to return the mobile handset to the
applicant.
3. The applicant submitted that the said phone was stolen from
the possession of his friend who lodged FIR about theft. He produced on
record copy of FIR, Bill and Aadhar Card in support of his version. The
first informant has given no objection to handover his mobile handset to
the applicant. 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 handset 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 A9 2020 mobile phone seized by BKC
Police Station CR.No. 347/2019 registered u/sec. 379, 34 of
IPC be handed over to the applicant.
3) The applicant to execute indemnity bond of Rs. 18,000/.
4) The applicant is directed not to sell, transfer, alter, dispose or
hand over the seized mobile hand sets to third person without
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prior permission of court and to produce the concerned
mobile hand sets before the Court, whenever required for trial.
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: 21.12.2019 71st Court, Bandra, Mumbai.
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