Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
66th COURT, ANDHERI, MUMBAI
ORDER BLEOW EXH.01 IN NOTICE CASE No. 351/N/2023
1. This is an application filed by applicant Mohd.Salim Sharif
Shah for getting the interim custody of seized mobile handset of Vivo
Company, IMEI No.868918050419534/ 868918050419526 which is
seized in crime no.152/2023 of Sakinaka police station for the
offence punishable under Section 392 of the Indian Penal Code.
2. The applicant submitted that he is the owner of seized
mobile handset. He also attached the notarized copy of purchase bill of
seized mobile phone. It is at Exh.6. He is ready to abide by all the
conditions which may be imposed by this court. Hence, prayed that
interim custody of seized mobile handset be given to him.
3. Ld.A.P.P filed his say and submitted the application may be
considered with necessary conditions. I have gone through the record.
The claim of the applicant is supported by the contents of the F.I.R.
lodged by him. The applicant is informant and victim of the crime. The
applicant is ready to abide by all the conditions. The prosecution has
no objection to allow the application. Hence, considering the nature of
the offence, no purpose would be served by keeping the seized mobile
handset in police station. Therefore, it would be proper to hand over
the interim custody of the seized mobile handset to the applicant by
imposing necessary conditions. Hence, the order.
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O R D E R
1. The application is allowed.
2. Interim custody of seized mobile handset of Vivo
Company, IMEI No.868918050419534/ 868918050419526 be
handedover to the applicant on execution of Supurtnama Bond of
Rs.19,000/ (Rupees Nineteen Thousand only), subject to the
condition that the applicant shall produce the seized mobile handset as
and when directed by the Court, till disposal of the case.
3. I. O. is directed to prepare detail panchnama of seized
mobile handset and obtain the photograph of the seized mobile
handset before handing over the same to the applicant and submit the
same with the chargesheet.
4. Inform to Sakinaka police station accordingly.
Dated : 18 /03/2023
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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