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. 717/N/2022
C.R. No. 1021/2022.
Nirmal Nagar Police Station.
CNR No. MHMM180103212022
Faizan Mohd. Kasim Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Faizan Mohd.
Kasim Shaikh for release of Oppo A53 mobile phone which is seized by the
Nirmal Nagar Police Station in connection with Crime No.1021/2022
registered with the Nirmal Nagar 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, said muddemal is
essential at the time of trial and the applicant may tamper with the mobile.
She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of Aadhar card, invoice and true copy of FIR &
statement, remand paper alongwith his 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 A53 mobile phone be handed
over to applicant on executing indemnity bond of Rs. 12,000/ (In words
rupees Twelve Thousand only), in the police station.
3] The applicant should undertake that he shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.1021/2022 of Nirmal Nagar 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 his address proof.
7] Said application is to be affixed with Crime No.1021/2022.
Date : 30.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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