Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
12TH COURT, BANDRA, MUMBAI
Notice No.540/N/2025 (C. R. No.1424/2025)
(CNR No. MHMM18-010853-2025)
Order Below Exh.1
1. Applicant/accused has filed this application to deliver the
mobile phone to him on any conditions. Perused application and say of
I.O. and Ld. A.P.P. Heard both side. The I.O. and Ld. A.P.P. have objection
to handover the seized mobile to the applicant on conditions.
2. The copy of invoice shows that, applicant is the owner of said
mobile. Said mobile is not material to prove the offence punishable
under Sections 4, 12(A) of Maharashtra Prohibition of Gambling Act.
No one, except applicant, has claimed the mobile till date. In case the
mobile is kept lying for a long time without use, it will be damaged.
Therefore, applicant is entitled for interim custody of seized mobile on
indemnity bond. Hence, order :
Order
1. The seized mobile be delivered to applicant on executing
supurtnama (indemnity bond) of Rs.22,000/- (Rupees Twenty
Two Thousand only) before the I.O. on the following conditions
namely:
a) Applicant shall not alienate, transfer, gift, sale, modify the
mobile or shall not create third party interest on the mobile
in any manner.
b) He shall produce the said mobile before the Court as and
when required.
2. Investigating officer is directed to take appropriate colour
photographs of the mobile and to prepare panchanama of the
mobile and the I.O. shall also verify the IMEI number of mobile
before handing over it in favour of the applicant and further
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directed to produce the panchnama, photographs and
supurtnama before the Court alongwith charge-sheet.
3. Present proceeding be merged in the main proceeding.
(Girish S. Mane)
Mumbai Judicial Magistrate (First Class)
Date : 23.09.2025 12th Court, Bandra, Mumbai
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