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. 44/N/2020
C.R. No. 168/2019.
Kherwadi Police Station.
Mr. Frederic Pierrick Beaugeard … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
CASH OF RS. 44,000/
By this application the applicant is seeking return of seized
muddemal property, as quoted in the application, being entitled for the
same. It is further alleged that, it was stolen by somebody, therefore he had
lodged complaint with Kherwadi police station and said muddemal is
recovered by Kherwadi police station. He is ready to produce the said
property whenever required till final disposal of case. The application is
supported by various documents such as copy of F.I.R., affidavit, PAN card,
passport, eFRRO etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
property in favour of applicant. Whereas, learned APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned muddemal may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
-- 1 of 2 --
2
ORDER
i) The seized cash of Rs.44,000/ be handed over to the
applicant Mr. Frederic Pierrick Beaugeard, subject to
furnishing Indemnity bond of र 44,000/ (Rs. Forty Four
Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
muddemal from all angles for its proper identification in
future and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 22.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
-- 2 of 2 --