Final Order 1

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ORDER BELOW NOTICE BEARING NO.1654/N/18
IN C.R.NO.368/2018 OF ANDHERI POLICE STATION, MUMBAI.
Chandan Tukkan Sharma ...... Applicant.
V/s
The State of Maharashtra Through
Police station as above. ...... Respondent
O R D E R
(Dated 25/01/2019)
The applicant seeking custody of VIVO mobile phone worth
of Rs.10,000/ approximately.
The applicant submitted that police has seized above said
property. Now the said property is lying in the police station, and
therefore, he is seeking custody.
Investigating Officer has filed their say and they have no
objection to return the property. The Ld APP submitted say and opposed
the application.
Applicant submitted pursis stating that he is not having document
of title but he is possessor of said case property. Said fact has gone
unchallenged because police tendered no objection. When police
machineries is having No objection to return said property in that event,
it would be just and proper to allow the application.
The applicant has filed affidavit alongwith supporting
documents viz xerox copy of FIR etc. I do not find any justifiable reason
to reject the application. Therefore I proceed to pass the following
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order.
ORDER
1 Interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.10,000/
and shall undertake that no modification, alteration, or any change
shall be made in the above described property till the final disposal of
the main case.
3. The applicant shall furnish photo identity and proof of permanent
and local residential addresses.
4 The applicant shall undertake to produce the said property before
the court, as and when directed.
5 The in charge of concern Police station shall cause the I.O. to
draw the panchanama and shall also take out photographs.
6 On production of the copy of the release order from this court,
the incharge of concern Police Station shall release the interim custody
of the aforesaid article/s to the applicant.
7 On compliance by the applicant issue release order to the
Incharge of concern Police Station and copy of the same be placed in
concern CR, for record purpose.
8 Accused shall not used said mobile for such offences,
heneforth.
9 Issue release order accordingly.
Sd/
Dt.25.01.2019 (S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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