Interim 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. 5666/PS/2024
C.R. No. 305/2024.
Excise FS-I Division.
CNR No. MHMM18-012148-2024
Raquib Noor Ali Sayyed … Applicant
V/s.
Sr. Inspector of Police,
(Excise FS-I Division.) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Raquib Noor Ali
Sayyed for release of I phone 15 Pro Max, IMEI No. 354694987191337 which
is seized by the said Excise Division in connection with Crime No. 305/2024
registered with the said police station for the offence punishable under section
65(E), 81 & 83 of Bombay Prohibition Act.
2) I.O. and Ld. APP have objected the application on the ground that
alleged phone used in the offence, if mobile is returned to applicant he may
repeate the crime or may contact other accused involve in said cirme. They
prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed verified purchase invoice, Aadhar card his affidavit.
4) On verification, it is found that seized mobile phone mentioned in
the FIR and charge-sheet is same. 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 Max, IMEI No.
354694987191337 be handed over to applicant on executing
indemnity bond of Rs. 60,000/- (In words Rupees Sixty Thousand only),
in the police station.
3] The applicant should undertake that his shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Crime
No.305/2024 of said Excise Division 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.305/2024.
Date : 18.12.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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