Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
67TH COURT, BORIVALI, MUMBAI.
ORDER BELOW EXH. 1 IN C.C. NO.283/N/2021
Read application. Perused report of the police authority
and APP. Though Ld. APP objected the application but I.O. has given
no objection to handover the seized property to the applicant.
Property i.e. 1) 12 grams gold chain worth Rs.36,000/ 2) 12 grams
Ear ring alongwith ear chain worth Rs.36,000/ total worth
Rs.72,000/ seized in C. R. No. 36/2021 under section 420,170 of
IPC registered at Goregaon Police Station, is claimed by applicant.
Application is supported by affidavit of applicant as well as Affidavit
cum NOC of jeweller viz. Kamleshkumar Chinubhai Shah alongwith
his Adhar Card, copy of FIR, copy of applicant's Adhar card and
invoice.
According to the prosecution, during investigation, said
articles is recovered. Except, applicant no one claimed interim
custody of seized property. On perusal of document it appears that
said article are received by jeweller viz. Kamleshkumar Chinubhai
Shah and he has given no objection to handover the said articles to
the applicant. Hence, applicant is entitled for the possession of the
same. If the gold is lying in police station, it would be damage or loss.
Hence, as per ratio laid down in the case of Sunderbhai V/s. State of
Gujarat application deserves to be allowed. Therefore, I allow the
said application. Hence, I pass following order.
ORDER
1. Interim custody of 1) 12 grams gold chain worth
Rs.36,000/ 2) 12 grams Ear ring alongwith ear chain worth
Rs.36,000/ total worth Rs.72,000/ seized in C. R. No. 36/2021
under section 420,170 of IPC registered at Goregaon Police
Station shall be returned to the applicant viz. Sopiya Bee Yasin
Khan on execution of Supurtnama of Rs.1,50,000/ (Rs. One Lac Fifty
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Thousand only) with condition that applicant shall produce the same
as and when required by the court during the trial and shall not
change, sell, transfer etc; till disposal of the case.
2. I.O. shall obtain certificate of valuer before handing over
the property to the applicant and prepare detail panchanama.
3. Inform Police Station Officer accordingly.
Sd/xx
(R. G. Bagade)
Metropolitan Magistrate,
Date :21.09.2021. 67th Court, Borivali, Mumbai.
ask
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