Final Order 1

Order Details: COPY OF ORDER
Pdf Text: MISC CRL 372/2024
STATE Vs. NAIM AND ORS.
FIR No. 80069044 /2024
P.S. Dayal Pur
U/s 380/457/411/34 IPC
18/07/2024
This is an application for releasing of HP Laptop
bearing PQC Gold/4GB/1TB/15.6/W10 and CND9394SCY (case
property) on superdari.
Present: Sh. Abhishek Pandey, Ld. APP for the State.
Ms. Mansi Gulati, Ld. Counsel for the applicant.
Heard on the application for releasing of above-said laptop
on superdari moved on behalf of the applicant.
Report of IO perused. It is stated in the report that the
police has no objection to release of the laptop in question to the rightful
owner.
Considering the same, the seized afore-stated case property
in question be released to rightful owner. This is in view of judgment of
Hon'ble High Court of Delhi in Manjeet Vs. State, CRL.M.C. 4485/2013
and Crl. M.A. No.16055/2013, decided on 10th September, 2014. The
release of the property shall be subject to the following terms-
1. SHO/IO to take proper receipt and an indemnity bond to the
satisfaction of the IO/SHO before releasing the said case property.
2. IO/SHO is directed to prepare the punchanama of the same and take
photographs from different angles in the presence of complainant,
accused and some independent witness(if available).
3. He will also take the counter signature of the complainant/witness and
accused on the above said photographs.
4. IO/SHO is also directed to file said panchnama and photographs
(alongwith their negatives or appropriate certificate under Section 65-B
of the Evidence Act if photographs have been taken from digital device)
with the final report.
5. SHO concerned is also directed to ensure compliance of the above said
terms and conditions. Subject to above directions, the said case property
is released absolutely and panchnama along with photographs shall be
read in evidence.
Nothing expressed in the said order shall be construed as
expression of opinion of the Court on the merits of the case.
Copy of this order be given dasti to applicant.
Copy of order be also sent to the SHO PS concerned.
(Prigya Gupta)
ACJM/NE/KKD Courts
18/07/2024
-- 1 of 1 --