Final Order 1

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ORDER BELOW NOTICE BEARING NO.1657/N/18
IN C.R.NO.549/2018 OF ANDHERI POLICE STATION, MUMBAI.
Indrajeet Madanmohan Singh ...... Applicant.
V/s
The state of Maharashtra Through
Andheri Police station, Mumbai. ...... Respondent
O R D E R
(Dated 19/12/2018)
The applicant seeking custody of I phone Mobile with sim
card(described in para 1 of the application).
The applicant submitted that police has seized above said
property. Now the said property are lying in the police station, and
therefore, he is seeking custody.
The Investigating Officer has filed say and they have no
objection to return the property. However Ld APP raised objection
regarding miner defect regarding description of case property
mentioned in the bill and in the application/ FIR. However when
police and applicant are sure about identity of case property, in that
event, there is no need to reject application on such technicalities.
The applicant has filed affidavit along with supporting
documents viz xerox copy of mobile bill. I do not find any justifiable
reason to reject the application. Therefore I proceed to pass the
following order:
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2
ORDER
1 This interim application is allowed.
2 The applicant shall execute an indemnity Bond of Rs.95,000/
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 his 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 complainant/ applicant.
7 On compliance by the complainant/ 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 Issue release order accordingly.
Sd/
Dt. 19.12.2018. (S.C. Pathare),
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
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