Final Order 1

Order Details: Copy of Order - 1
Pdf Text: Order passed below Return of Property application 2395/M/2024 in CR
No. 489/2024 Dongri Police Station
1 Perused the application for return of property i.e. Motorola
Company’s mobile model g32 and say filed by Investigating Officer and
Ld. APP. The Investigating Officer has no objection to return the
property to the applicant. However, Ld. APP objected the present
application and submitted that applicant has not produced any original
document on record to ascertain ownership of property and it is the
important piece of evidence. However, for that purpose, condition may
be imposed on the applicant.
2. I have perused the documents placed on record. Applicant
has also filed supporting affidavit and copy of tax invoice of said mobile
on record which shows ownership of applicant over the said mobile. In
short, the applicant is rightful claimant to receive the property. Hence, I
proceed to pass the following order.
ORDER
1. The application for return of property is hereby allowed.
2. The Investigating Officer in CR No. 489/2024 of Dongri
Police Station is directed to hand over temporary custody of
muddemal property i.e. Motorola Company’s mobile model g32
seized during the course of investigation to the applicant on
proper verification & identification.
3. Applicant shall also execute indemnity bond of Rs.10,000/-
(Rs. Ten Thousand only) before the Police.
4. The Investigating Officer is directed to prepare detail
panchanama, note other relevant details while handing over the
muddemal property to the applicant and also take photograph of
the muddemal.
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5. The applicant is further directed to produce the muddemal
property as and when directed by the Court.
6. The applicant is further directed not to create any third party
interest in the muddemal property by any way, till the disposal
of present case.
sd/-
(M.V. Chavhan)
Judicial Magistrate (First Class),
Dt.24.12.2024 70th Court, Mazgaon, Mumbai.
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