Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010462-2024 C. C. No. 490/N/2024
Dhruval V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of muddemal i.e.
iPhone 14 Pro, seized in the crime by B.K.C. Police Station in C. R.
No.402/2024 (C. C. No.2107/PW/2024) registered under section 409,
420 of The Indian Penal Code.
2. I.O. strogly objected to return the seized muddemal to the
applicant on the ground that, offence has been committed by using said
mobile. Ld. A.P.P. objected to release the said muddemal, as it requires
for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R. and his Aadhar Card. Application is well supported by affidavit of
applicant. Alredy chargesheet has been filed by the Investigating Officer
and photographs of data inside the seized mobile is already taken by
Investigating Officer. Hence, custody of the seized muddemal is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said muddemal further in custody. For
the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the only seized muddemal. In the result, following
order is passed :-
ORDER
1. The application is allowed.
2. The custody of muddemal i.e. iPhone 14 Pro, seized in the
crime by B.K.C. Police Station in C. R. No.402/2024 (C. C.
No.2107/PW/2024) registered under section 409, 420 of The
Indian Penal Code be returned to the applicant on furnishing
indemnity bond of R.1,50,000/-.
3. The Investigating Officer is directed to draw panchmana of the
seized muddemal and produce the same with indemnity bond of
applicant alongwith final report.
Mumbai
Date : 03/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
-- 1 of 1 --