Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No.758/N/2022
Shubham Purohit V/s. B.K.C. PS
ORDER
1. This is an application filed for return of mobile i.e. iphone
seized in the crime by B.K.C. Police Station in C. R. No.889/2022
registered under section 420, 419 r/w. 34 of I.P.C. and under section
51, 63, 65 of Copy Right Act, 1957.
2. Investigating Officer did not object to return the seized
mobile i.e. iphone to the applicant. However, Ld. A.P.P. objected to
release the mobile i.e. iphone as it requires for trial.
3. Admittedly, seized mobile i.e. iphone belongs to the
applicant. Applicant in support of his claim has filed mobile bill. Seized
mobile is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said mobile further in
custody. For the apprehension of Ld. A.P.P. condition can be imposed.
Applicant is entitled to receive the seized mobile. In the result,
following order is passed :
ORDER
1. The custody of mobile seized in the crime by B.K.C. Police
Station in C. R. No.889/2022 registered under section 420,
419 r/w. 34 of I.P.C. and under section 51, 63, 65 of Copy
Right Act, 1957 be returned to the applicant on furnishing
indemnity bond of Rs.10,000/.
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2. Applicant shall not to transfer, alter, alienate in any
manner seized mobile to any person without prior
permission of Court and to produce the same as and when
required for trial.
3. The Investigating Officer is directed to produce indemnity
bond of the applicant along with the final report.
Mumbai.
Date : 07/12/2022.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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