Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No.51/N/2018 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. one fitternity TAB valued of Rs.10,000/ seized in C.R. No.651/2017 for the
offence u/s.380 of the I.P.C. by Bandra Police Station.
2] It is stated in application that the applicant is employee of RESET
Gym and lodged complaint of the said TAB. It is further stated that the
applicant is lawful and rightful person of the said TAB which belongs to L & K
Wellness Services Pvt. Ltd. and the applicant urgently need the said TAB for his
day to day job. The said company authorized the applicant to receive the said
TAB. The authority letter is filed on record.
2] The Investigating Officer has filed say, gave no objection to
handover custody of seized article i.e. one fitternity TAB seized in C.R.
No.651/2017 to the applicant on certain terms and conditions.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized article. The seized article is electronic equipment
and it may get damaged permanently, if remained with police stn. for long
period. No purpose is likely to be served by keeping the said mobile at police
station till the conclusion of trial. If seized article 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.
2] The seized article i.e. one fitternity TAB valued of Rs.10,000/
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seized in C.R. No.651/2017 by Bandra Police Station be returned to the
Applicant Mr. Pranit Pandurang Pandit residing at 302, Cirrus A Wing, Cosmos
Paradise Devdaya Nagar, Pokhran Rd. no.1, Thane W, Thane 400606 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 TAB to third person without prior
permission of Court.
b) The applicant shall produce the said TAB 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: 22/02/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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