Final Order 1

Order Details: Order below Ex-1
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C. C. No. 4402829/N/2022
in C.R. No.469/2022 of Versova police station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY :
1. Perused application, say of learned APP, I.O. and documents on
record. Applicant RADHIKA SAHU prayed for return of property i.e.
VIVO (Y20G) 6 GB, Obsidian Black colour, IMEI No.868867056757332
value Rs.15,000/, which is seized in C.R No.469/2022 under seizure
panchanama by Versova Police Station. Say of I.O and Ld APP were
called. I.O. has filed his say that he has no objection to hand over the
said property to the applicant on certain terms and conditions. Ld APP
has submitted in view of document filed on record and say filed by I.O.
prosecution has no objection to retain interim custody upon conditional
bond of necessary amount. Applicant has produced Affidavit, affidavit
cumNOC of Hemant Kumar Gahlot, who applicant has given the mobile
for his daily use, bill of regarding purchase of mobile phone, xerox copy
of Pan Card, Aadhar card of applicant and Hemant Kumar Gahlot and
FIR on record. The said seized property is lying at police station.
Applicant is the lawful owner of the said property. So the property will
be returned to the applicant at interim stage, with the following
condition, then no harm will be caused to anybody. I, therefore, pass
following order;
ORDER
1. The application is hereby allowed.
2. The concerned police station is hereby directed to hand
over the seized property i.e. VIVO (Y20G) 6 GB, Obsidian Black colour,
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IMEI No.868867056757332, value Rs.15,000/, which is seized in C.R
No.469/2022 under seizure panchanama on his executing indemnity
bond of Rs.15,000/ (Rupees Fifteen Thousand Only) to applicant
RADHIKA SAHU.
3. The concerned police officer is hereby directed to hand
over the said property to the applicant, after taking all the details i.e.
photographs, description, etc. which ever is necessary.
4. The applicant is hereby directed not to sell, change,
transfer, or exchange the said property in any manner to anybody till
the disposal of the case.
5. The applicant is hereby directed to produce the said
property before the Court as and when required and ordered by this
Court.
6. The applicant is hereby directed to obey the order of the
Court, whichever will be passed time to time.
7. In failure of this applicant is responsible for legal action.
Sd/
( A. I. Shaikh )
Metropolitan Magistrate,
Date : 10.01.2023 44th Court, Andheri, Mumbai.
spj
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