Final Order 1

Order Details: Order Below EX 1
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Notice Case No.49/N/2018 Shahu Nagar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property i.e.
1) iron channel gate size of 48 x 68 inches valued of Rs.6,000/, 2) iron
channel gate size of 40 x 68 inches valued of Rs.6,000/, 3) iron jaal size of 28
x 50 inches valued of Rs.3,000/ seized in C.R. No.20/2018 for the offence
u/s.379 of the I.P.C. registered by Shahu Nagar Police Station.
2] The Investigating Officer has filed say, gave no objection to
handover custody of seized property i.e. 1) iron channel gate size of 48 x 68
inches valued of Rs.6,000/, 2) iron channel gate size of 40 x 67 inches valued
of Rs.6,000/, 3) iron net ( yks[kaMh tkGh) size of 28 x 50 inches valued of
Rs.3,000/ seized in C.R. No.20/2018 to the applicant on certain terms and
conditions.
3] In support of application the applicant has filed on record his own
“Affidavit” and has given undertaking. The Applicant has filed on record xerox
copy of FIR dtd. 19/01/2018.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized property. The seized property may get damaged
permanently, if remained with police stn. for long period. No purpose is likely
to be served by keeping the said property at police station till the conclusion of
trial. If seized property is handed over to applicant on bond by way of interim
custody no serious prejudice or harm would be caused to accused and
prosecution. Hence, application deserves to be allowed on certain terms and
conditions. Therefore, I pass the following order:
O R D E R
1] The application is allowed.
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2] The seized property i.e. 1) iron channel gate size of 48 x 68 inches
valued of Rs.6,000/, 2) iron channel gate size of 40 x 67 inches valued of
Rs.6,000/, 3) iron net ( yks[kaMh tkGh) size of 28 x 50 inches valued of Rs.3,000/
seized in C.R. No.20/2018 by Shahu Nagar Police Station be returned to the
Applicant Mr. Ramnaresh Udayraj Vishwakarma residing at Azad Nagar
Zopadpatti, Jasmin Mill Road, near Bajrang Hotel, Dharavi, Mumbai17 on
executing indemnity bond of Rs.20,000/ (Rupees Twenty Thousands only)
with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized property to third person without prior
permission of Court.
b) The applicant shall produce the said property as and when directed
by the Court or I.O. in the trial or in the course of investigation as
and when directed.
c) The applicant shall follow the conditions imposed on him
scrupulously.
3] The I.O. is directed to take the above indemnity bond of applicant
and shall return the muddemal on due verification of applicant. I.O. further
directed to file indemnity bond in the Court. On filing of indemnity bond, it be
attached with the chargesheet.
Order accordingly.
Sd/
Mumbai
Date: 05/02/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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