Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 14/N/2023
C.R. No. 893/2022.
Kherwadi Police Station.
CNR No.MHMM180001472023
Sanjay Vasant Bhat … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) +1 ...Respondents.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Sanjay Vasant
Bhat for release of gold ingot of 10 grams, which is seized by the Kherwadi
Police Station in connection with Crime No.893/2022 registered with the
Kherwadi police station for the offence punishable under section 392 of I.P.C.
2) Say was called from I. O., A.P.P. and accused – Umakant @ Bunti
Lal Bahadur Yadav. The I.O. has no objection. The learned A.P.P. has an
objection and submitted that, it is essential at the time of trial and thus she
prayed for rejection. The notice by RPAD served on accused Umakant on
20.02.2023 but he remained absent.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of purchase receipt, Aadhar card and xerox
copies of FIR, statement, track report of RPAD post sent to accused alongwith
his affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. As per this ratio,
said ingot is returned to the applicant. Under such circumstances, I pass
following order.
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. gold ingot of 10 grams be
handed over to applicant on executing indemnity bond of
Rs. 62,000/ (In words rupees Sixty Two Thousand only), in the
police station.
3] The applicant should undertake that he shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No.893/2022 of Kherwadi Police Station and
criminal case incidental there of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish
the identity for identification and evidence.
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6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.893/2022.
Date : 28.03.2023
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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