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. 1530/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 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. Earlier application filed on behalf of applicant was partly
allowed. Sim card was allowed to be handed over to the applicant
whereas the application to the extent of mobile phone was rejected on
the ground that investigation is in progress. Now, investigation is
completed and chargesheet is filed. 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
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imposing necessary conditions. Hence, the order.
O R D E R
1. The application is allowed.
2. Interim custody of seized mobile handset of MI 10T, IMEI
No. 868327052759477 be handedover to the applicant on execution
of Supurtnama Bond of Rs.33,000/ (Rupees Thirtythree 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 Airport police station accordingly.
Dated : 11 /09/2023
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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