Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
68TH COURT BORIVALI, MUMBAI
ORDER BELOW EXH-1 IN C.C. NO. 6801681/N/2024
(C.R. No.257/2022) OF BANGUR NAGAR POLICE STATION
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The applicant Malan Ghanshyam Yadav has filed this
application through his son Sanjay Ghanshyam Yadav for interim custody
of Gold Lagad of 10 grams seized by Investigating Officer in
C.R.No.257/2022 of Bangur Nagar Police Station.
2. Investigating Officer has not taken any objection.
3. Ld. APP has filed his say and submitted that certain terms and
conditions may imposed.
4. I have heard Ld. Advocate for the applicant and Ld. APP. So
also, I have perused the documents on record. It appears that, the
applicant Malan Ghanshyam Yadv has lodged the FIR bearing no.
257/2022 against the accused for the offence punishable u/ss. 420, 170,
34 of I.P.C. Further, she has filed her No Objection Certificate to file this
application on behalf of her due to illness and old age. She has given her
no objection to hand over the said property to her son Sanjay Ghanshyam
Yadav. In support of his contention he has filed copy of FIR and copy of his
Aadhar Card and copy of Aadhar card of his mother Malan Yadav. As per
say of I.O. it appears that the police has arrested the accused Haider Tehjib
Sayyed @ Irani and seized the said Gold Lagad of 10 grams.
5. Further, till today nobody other than the applicant has
claimed the said seized property. This being the position, in the light of
aforesaid discussion no purpose will be served by keeping the seized
property in the police station for years together. In the facts and
circumstances, it is just and proper to return the said property seized by
2/-
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2
I.O. in aforesaid crime no. 257/2022 on some terms and conditions to the
applicant vide section 457 of The Code of Criminal Procedure. Hence, I
pass the following order :-
-: O R D E R :-
1. Application is allowed.
2. The Investigating Officer in Crime No.257/2022 registered by
Bangur Nagar Police Station is hereby directed to hand over interim
custody of seized Gold Lagad of 10 grams to the applicant Malan
Ghanshyam Yadav Through Sanjay Ghanshyam Yadav on his executing
bond of Rs.90,000/-(Rupees Ninety Thousand Only).
3. The Investigating Officer in Crime No. 257/2022 registered by
Bangur Nagar Police Station is also directed to prepare a detail
panchanama and take photograph of the said seized property and
photograph of said seized property shall be attested or countersigned by
the applicant before handing over its custody to the applicant.
4. The applicant shall bear the expenses of photographs.
5. The applicant shall not sell or transfer the said seized property in
any manner to any person or change its colour or nature till further order
and shall produce it before the Court, as and when directed by this Court.
6. The Investigating Officer in Crime No.257/2022 registered by
Bangur Nagar Police Station shall submit his compliance report as early as
possible, to this Court and submit photograph and Panchanama and bond
along with Charge-sheet.
Sd/-
( V. F. Chougule )
Mumbai. Judicial Magistrate (First Class),
Date : 29-01-2025 68th Court, Borivali, Mumbai.
*rsh
/-
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