Final Order 1

Order Details: Original bank memo
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. :- 321/MISC./2019.
C. R. NO. :- 504/2019.
Railway Police Station :- Bandra.
Saili Madan Sawant. …. Applicant.
V/s.
The Sr. Inspector of Police,
(Railway Police Station, Bandra, Mumbai) .... Respondent.
ORDER BELOW EXH.-1
Present application is moved by Saili Madan Sawant for
releasing seized mobile handset in her favrour. It is contended that her
mobile handset is seized by police, in C.R. No.504/2019, punishable
under section 379, 356 of Indian Penal Code, registered at police station
Bandra. The mobile handset is of her daily use. It is prayed that
custody of mobile handset be given to her.
2. Investigation Officer gave no objection for handing over
sezied mobile handset to the applicant. Ld. A.P.P. opposed the
application stating that the mobile will require for the trial. It is prayed
that the application be rejected.
3. In support of application applicant placed on record copy of
F.I.R. which shows that she lodged report, on 05/03/2019, at police
station Bandra, stating that her mobile handset of Oppo company is
stolen by someone. She also filed copy of invoice which discloses that,
she purchased Oppo F9 Pro mobile handset, from Croma on
31/08/2018, for an amount of I.23,990/-. In report it is stated by
applicant that her mobile handset was Oppo 59 Pro, while in invoice it
is mentioned that applicant purchased Oppo F9 Pro mobile handset. It
also appears from application and invoice that I.M.E.I. number of
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applicant’s mobile handset is 866778042147532, while say of
Investigation Officer as well as seizure panchnama discloses that seized
mobile handset is bearing I.M.E.I. No. 864725033969657 and
864725033969640. So it is cristal cleared that the mobile handset
sezied by police is not belonging to the applicant, so it cannot be
released in her favour.. Hence, following order.
ORDER
1. Application stands rejected.
Date : 16/10/2019.
SRD.
Sd/-
(G. P. Bawaskar)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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