Final Order 1

Order Details: Order
Pdf Text: 1 CC No.818/N/2022
CNR No.MHMM19-006325-2022
Showkat Ahmad Mohammad Ramzan Lone
@ Dr. Basit Shah
V/s.State of Maharashtra
ORDER BELOW EXH.1
1. Perused application, documents and affidavit filed in support of
application.
2. Perused say of learned APP and I.O.
3. Heard both sides.
4. Applicant is the owner of seized articles. Applicant filed his
affidavit (Exh.3) in support of this application.
5. The applicant has filed copy of FIR, tax invoice of mobile phone
and his identity card issued by Election Commission of India.
6. Perusal of the say of I.O. shows that at present following articles
are recovered and lying at police station. Thus, applicant is entitled for
articles which is seized/ recovered only.
(i) PAN card bearing No.AFMPL8382B
(ii) Red MI 9 Pro Max company mobile phone
(iii) Vivo V21 company mobile phone
7. It is the settled law that, seized article is not to be kept for long
time at the police station. So also, the possibility of damage to the articles
cannot be ruled out by keeping it in an open space for a longer time. The
-- 1 of 2 --
2 CC No.818/N/2022
CNR No.MHMM19-006325-2022
Showkat Ahmad Mohammad Ramzan Lone
@ Dr. Basit Shah
V/s.State of Maharashtra
seized articles are required by the applicant. Considering, the nature of
seized articles and its utility there is possibility of losing its value and worth.
applicant is entitled for its possession. With this, I pass the following order :
ORDER
(1) The application is allowed.
(2) The articles namely :
(i) PAN card bearing No.AFMPL8382B
(ii) Red MI 9 Pro Max company mobile phone
(iii) Vivo V21 company mobile phone
be handed over to the applicant on executing indemnity bond of
Rs.1,00,000/- (Rupees One Lakh Only).
(3) The applicant is directed to take the photographs of the
seized articles and produce it whenever required during the
trial.
(4) The police is directed to take the photographs of the
seized articles and to prepare a detail and proper
panchanama of the same.
(5) The IO is directed to store the relevant data from mobile phones
in prescribed format.
(6) The police is directed to report the compliance.
(S.A.R. Sayed)
Metropolitan Magistrate,
Date : 02/01/2023 63rd Court, Andheri, Mumbai
-- 2 of 2 --