Final Order 1

Order Details: Order Below EX 1
Pdf Text: CC No.760/N/2022
Pranav Sanjay Ashar V/s. B.K.C. PS
ORDER
1. This is an application filed for return of mobile seized in
the crime by B.K.C. Police Station in C. R. No.975/2022 registered
u/sec. 379 of IPC.
2. Investigating Officer did not object to return the seized
mobile to the applicant. However, APP objected to release the mobile as
it requires for trial.
3. Admittedly, seized mobile belongs to the applicant.
Application is well supported by affidavit of applicant. There is no rival
claim by any person in respect of the seized mobile. Custody of the
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 APP 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.975/2022 registered u/sec. 379 of IPC
be returned to the applicant on furnishing indemnity bond
of Rs.10,000/.
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.
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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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