Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
C.C. No. 497/N/2024
C.R. No. 646/2024.
Kherwadi Police Station.
CNR No.MHMM18-010557-2024
Mrs. Meghna Vijay Patel … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mrs. Meghna
Vijay Patel for release of I phone 15 Pro mobile phone which is seized by the
Kherwadi Police Station in connection with Crime No. 646/2024 registered
with the said police station for the offence punishable under section 304(2),
3(5) of B.N.S.
2) Both I.O. and Ld. APP prayed for appropriate order.
3) In support of her contention regarding ownership, applicant has
filed verified copy of purchase receipt, Aadhar card and xerox copy of FIR,
statement alongwith her affidavit.
4) On verification, it is found that the IMEI number mentioned in the
FIR and mentioned in the invoice is same i.e. 352433809688788. Therefore, it
is the same phone which is reported to be stolen. 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, 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. I phone 15 Pro mobile phone be
handed over to applicant on executing indemnity bond of Rs. 1,25,000/-
(In words Rupees One Lakh Twenty Five Thousand only), in the police
station.
3] The applicant should undertake that she shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.646/2024 of Kherwadi 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 her address proof.
7] Said application is to be affixed with Crime No.646/2024.
Date : 04.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),32nd Court,
Bandra, Mumbai.
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