Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-009692-2025 C. C. No. 474/N/2025
KESA BHIMA CHODHRI Through
his POA Holder MR MAHESH
KUMAR KESHAVJI CHAUDHARY
V/s. P. Stn.-Vakola
ORDER
1. The present application for return of seized muddemal i.e.
Samsung Mobile Phone, seized by the police station-Vakola, in
connection with C. R. No.152/2025, registered U/Sec.140 (2), 352 of
The Bharatiya Nyaya Sanhita, 2023.
2. I.O. did not objected to return the seized mobile to the
applicant. Ld. A.P.P. objected to release the muddemal, as it required for
trial.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced xerox Copy of
F.I.R., POA with Copy of Aadhar Card of KESA BHIMA CHODHRI, Copy
of his Aadhar Card, Invoice and Tax. Application is well supported by
affidavit of applicant. Custody of the laptops is not required for further
investigation. In such circumstances, no good purpose would serve
keeping the said mobile further in custody. For the apprehension of Ld.
A.P.P. condition can be imposed. Applicant is entitled to receive the
seized mobile. In the result, following order is passed :-
ORDER
1 The custody of seized muddemal i.e. Samsung Mobile
Phone, seized by the police station-Vakola, in connection
with C. R. No.152/2025, registered U/Sec.140 (2), 352
of The Bharatiya Nyaya Sanhita, 2023 be handed over
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to the applicant on execution of indemnity bond of
R.75,000/-.
2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized mobile to third person
without prior permission of Court and shall produce the
same before the Court, whenever required for trial.
3 The Investigating Officer is directed to take the
photographs of the seized mobile from all sides, at the
cost of the applicant and produce the same with
indemnity bond of applicant along with final report.
Mumbai.
Date :12/11/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date :12/11/2025.
Dictated on :- 12/11/2025.
Transcribed on :- 12/11/2025.
Checked on :- 12/11/2025.
Signed on :- 12/11/2025.
SRD
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