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. 910/N/2019
C.R. No. 13/2019.
Kherwadi Police Station.
Mrs. Jignasha P. Pandya … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
IPHONE 6S64 GB MOBILE PHONE.
By this application the applicant is seeking return of IPhone 6S
64 GB Mobile phone, IMEI No.355401072163539 as quoted in the
application, being entitled for the same. The Kherwadi police station has
seized said mobile in the alleged offence of theft. She is ready to produce
the said property whenever required till final disposal of case. The
application is supported by various documents such as copy of F.I.R.,
affidavit, driving Licence, purchase invoice etc.
2. Accordingly say of investigating officer and learned APP were
called. Both have failed to file their respective say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by her.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
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ORDER
i) The seized IPhone 6S 64 GB Mobile phone, IMEI
No.355401072163539 be handed over to the applicant Mrs.
Jignasha P. Pandya, subject to furnishing Indemnity bond
of र 50,000/ (Rs. Fifty Thousand Only).
ii) She shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile phone from all angles for its proper identification in
future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 30.12.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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