Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010072-2024 C. C. No. 475/N/2024
Vinod V/s. B.K.C. P. Stn.
ORDER
1. The present application for return of seized muddemal i.e.
A 34 Samsung mobile, seized by the B.K.C. police station in connection
with C. R. No.539/2024, registered U/Sec. 309 (4) of The Bharatiya
Nyaya Sanhita, 2023.
2. I.O. did not objected to return the seized muddemal to the
applicant. Ld. A.P.P. objected to release the mobile, as it requires for
trial.
3. Admittedly, seized mobile belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., TAX Invoice, his Aadhar card. Application is well supported by
affidavit of applicant. Custody of the mobile 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. A 34 Samsung
mobile, seized by the B.K.C. police station in
connection with C. R. No.539/2024, registered
U/Sec. 309 (4) of The Bharatiya Nyaya Sanhita, 2023
be handed over 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
-- 1 of 2 --
.. 2 ..
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 : 29/08/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
-- 2 of 2 --