Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32 ND COURT, BANDRA, MUMBAI
C.C. No. 525/N/2024
C.R. No. 665/2024.
Kherwadi Police Station.
CNR No.MHMM18-011054-2024
Glen Francis Mascarenhas … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Glen Francis
Mascarenhas for release of Samsung Galaxy S22 5G mobile phone which is
seized by the Kherwadi Police Station in connection with Crime No. 665/2024
registered with the said police station for the offence punishable under section
281, 125 of B.N.S. and section 8(c), 20(b)(2)(A) of NDPS Act.
2) I.O. has given no objection to return said mobile phone to
applicant. Ld. APP prayed for necessary order with appropriate terms and
conditions.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of tax invoice, driving licence and xerox copy of
FIR, statement alongwith his affidavit.
4) On verification, of FIR same phones were 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.Samsung Galaxy S22 5G mobile
phones be handed over to applicant on executing indemnity bond of
Rs. 40,000/- (In words Rupees Forty 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. 665/2024 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 his address proof.
7] Said application is to be affixed with Crime No. 665/2024.
Date : 24.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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