Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 36/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
one wrist watch of Omega Co. (Sea Master Edition) and one wrist watch of Tag
Heuer Company seized in C.R. No.664/2019 (C.C. No.324/PW/2020) registered
u/s.380 of I.P.C. by Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer and Ld. APP filed say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed.
3] In support of application the applicant has filed on record his own
affidavit and submitted that he is lawful owner of the said property and he is in
urgent need of it. The applicant has filed on record another affidavit and
submitted that the said property i.e. watches are old one, hence he is not having
receipts of the same and unable to produce the receipts on record. He is ready to
produce the said property as and when required by this Court.
4] Perused application and say. Heard advocate of applicant. It reveals
from record that the chargesheet has been filed and the said property is lying
with the police station. The applicant is original informant on whose report crime
is registered. He has annexed verified copy of Aadhaar Card as proving of his
identify and address.
5] At this stage except the applicant there is no other claimant who has
claimed the custody of seized article. The seized articles may get damaged
permanently, if remained with police station 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 articles are handed over to the applicant on bond by way of interim
custody no serious prejudice or harm would be caused to the accused and
prosecution. Hence, application deserves to be allowed on certain terms and
conditions. Therefore, I pass the following order:
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ORDER
1] The application is allowed.
2] The seized property namely one wrist watch of Omega Co. (Sea
Master Edition) and one wrist watch of Tag Heuer Company seized in C.R.
No.664/2019 (C.C. No.324/PW/2020) by Bandra Police Station, be returned to
the Applicant Mr. Gautam Gulshan Chhatwal residing at Flat No.3, Shriram Kutir,
Plot No.280, 36th Road, Bandra W, Mumbai50, on executing indemnity bond of
Rs.2,50,000/ (Rupees Two Lakh Fifty Thousand only with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said property or any part of it to any third person before the
conclusion of trial.
b) The applicant shall not change the nature, design of the said
property in any mode or manner.
c) The applicant shall produce the said property as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
d) The applicant shall follow the conditions imposed on him
scrupulously.
3] The Investigating Officer is directed to take the above indemnity
bond of the applicant and shall return the muddemal on due verification of
applicant after taking picture of the said watches. Investigating Officer further
directed to file all above documents in the Court which on receipt be attached
with the chargesheet.
Order accordingly.
Mumbai.
Date : 18/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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