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. 588/N/2024
C.R. No. 305/2024.
Excise FS-I Division.
CNR No. MHMM18-012295-2024
Ankit Ashokkumar Gupta … 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 Ankit
Ashokkumar Gupta for release of MI 11 i mobile phone 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 394 of I.P.C.
2) I.O. has given no objection to return said mobile phone to
applicant. Ld. APP objected the application on the ground that if said mobile
returned to applicant he may repeat the same type of crime. He 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 the IMEI number mentioned In the
FIR and mentioned in the invoice is same i.e. 869406051782117. 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. MI 11 i mobile phone be handed
over to applicant on executing indemnity bond of Rs. 25,000/- (In words
Rupees Twenty Five 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 : 02.12.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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