Final Order 1

Order Details: Order Below EX 1
Pdf Text: Case No.961/N/2018 C. R.
No.368/2018
Mahim Police Station
Order below application for return of property
1. It appears that Mahim Police Station has seized One Jio Company black
colour mobile, One grey colour pocket containing cash of Rs.710/ and Aadhar Card
in crime no.368/2018 during personal search of accused. Present applicant has
claimed that, he is the owner of the above said property and is in need of same and
ready to produce before the Court whenever required. In support of his claim, he
has filed his affidavit, and copy of F.I.R.
2. On this application say of I.O. and Ld. APP was called. Ld. APP failed to file
his say. Investigating officer submitted that, they have no objection to return seized
property to the applicant on conditions.
3. Present applicant has claimed that, he is registered owner of the above
mentioned property. In support of his claim, the applicant has filed on record his
affidavit, copy of FIR. I have perused the originals. It is confirmed from the
documents that present applicant is entitled to receive custody of the above said
property. Moreover, the mobile is lying in the police station in idle condition and
likely to cause damages being electronic device. Per contra, there is no harm to the
prosecution, if the application is allowed. With this, I proceed to pass following
order :
ORDER
The Inspector of Mahim Police Station, if in possession of One Jio
Company black colour mobile, One grey colour pocket
...2/
...2...
containing cash of Rs.710/ and Aadhar Card shall hand over
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the same to the present applicant.
Before that the applicant to furnish Indemnity Bond on nonjudicial
stamp paper of Rs.100/ for Rs.10,000/ (Rupees Ten Thousand Only) with
undertaking to the effect that,
(a) he will not alienate, destroy, give on rent or part with the possession of
the above mobile, and credit card.
(b) he will produce the property before the Police Station or the Court as
directed by this Court.
sd/
( S. K. MUNGILWAR )
Addl. Chief Metropolitan Magistrate,
9th Court, Bandra, Mumbai
Dt.05/01/2019
kkg
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