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. 513/N/2023
1. This is an application filed by applicant Rupali J. Kumar for
getting the interim custody of seized mobile handset of MI 10T, IMEI
No. 868327052759477 which is seized in crime no.08/2023 of
Airport police station for the offences punishable under Sections 353,
332, 324, 504 of the Indian Penal Code.
2. The applicant submitted that she is the owner of seized
mobile handset. She also attached the notarized copy of purchase bill
of seized mobile phone. It is at Exh.3. She 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 her.
3. Police authority, resisted the application by filing say. I have
gone through the record. The claim of the applicant is supported by
the contents of the F.I.R. and documents filed on record. The applicant
is ready to abide by all the conditions. The prosecution has also raised
objection. Had it been so, the mobile allegedly used in the offence as a
weapon. Hence, it being a part of evidence cannot be returned at this
stage. At the same time interest of the informant can be taken care of
by returning her Sim card. Hence, considering the nature of the
offence, no purpose would be served by keeping the Sim card in police
station. Therefore, it would be proper to hand over the interim custody
of the Sim card to the applicant. Hence, the order.
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O R D E R
1. The application is partly allowed.
2. Interim custody of seized the Sim card be handed over to
the applicant on execution of Supurtnama Bond of Rs.5,000/ (Rupees
Five Thousand only).
3. I. O. is directed to prepare detail panchnama of Sim card
before handing over the same to the applicant and submit the same
alon with the charge sheet.
4. Inform to Airport police station accordingly.
Dated : 06/04/2023
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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