Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-013435-2024 C.C.NO.661/N/2024
ORDER BELOW EXH.-1
1. The present application for return of seized mobiles, seized
by the Santacruz police station in connection with C. R. No.581/2024,
registered U/Sec. 420 of Indian Penal Code and under section 66 (C)
(D) of I. T. Act.
2. According to the applicant he is the owner of the said
mobiles. He has been falsely implicated in the false offence. The mobiles
have been seized by police during investigation. For day to day use the
said mobiles are necessary. Lastly, applicant prayed that, custody of
mobiles be given to him.
3. I.O. and Ld. A.P.P. have resisted the applicant contending
that, the accused/applicant has used said mobiles for commission of
offence and thereby he cheated the informant by using WhatsApp
applications of the said mobiles, therefore, the said mobiles have great
evidentiary value. If mobiles given to the custody of applicant then he
definitely destroyed the same. Lastly they prayed that, applicant be
rejected.
4. Heard both sides. Perused the record.
5. It reveals that, on 26/08/2024 while arresting the
accused / applicant in the offence C.R. No. 581/2024 of police station–
Santacruz, police have seized the said mobiles. From the reply of the
Investigating Officer dated 20/03/2025 it reveals that, the said
mobiles have been used for commission of an offence. The
conversation between present accused and absconded accused are
available in WhatsApp applications of the said mobiles. Other accused
are yet to be arrested. It appear that, by taking into consideration the
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nature of offence, the seized mobiles are having great evidentiary
value. Therefore, the seized mobiles can be given to the custody of
applicant. Hence, I proceed to pass following order.
ORDER
1 The application is rejected.
Mumbai.
Date : 29/04/2025.
SRD.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Dictated on :- 29/04/2025.
Transcribed on :- 29/04/2025.
Checked on :- 29/04/2025.
Signed on :- 29/04/2025.
SRD
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