Final Order 1

Order Details: Order Below EX 1
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ORDER IN NOTICE NO.48/N/2021
1. The present application is filed for return of Apple Macbook
Pro Laptop bearing serial No. C02PD3Y8FVH6, Two Cheque Books of
Syndicate Bank, Two cheque books of Indusind Bank and One bag,
seized by the BKC police Station in C.R.No. 11/2021 registered u/sec.
379, 34 of IPC.
2. The Investigating Officer has no objection to return the
laptop, bag and Cheque books seized in the case.
3. The applicant claims that the abovementioned articles
belong to him. Those articles were stolen. He lodged report about
theft. He has produced copies of FIR, bill and Aadhar card in support of
his version. No one else has claimed the custody of the seized articles.
There is no likelihood that the trial will commence and conclude in near
future. The Laptop may get damaged if kept in idle condition. Further,
there is no use of keeping cheque books at the property room in the
police station. However, it is worth to note that the applicant has
claimed two cheque books of Indusind Bank whereas the FIR refers to
only one cheque book of the said bank. It does not appear that the
applicant was called by the I.O. for verification of seized property. Nor
the applicant appears to have intimated I.O. about the missing number
of cheque books. Thus, the prayer of the applicant will have to be
considered within the contents of the FIR compared with the seizure
panchanama. In the result it will be proper to return only those articles
which resemble the description mentioned in FIR and the Panchanama.
Further, conditions will have to imposed on the applicant to seek
production of the articles when required. As such following order is
passed:
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ORDER
1. The application is partly allowed.
2. The custody of Apple Macbook Pro Laptop bearing serial
No. C02PD3Y8FVH6, Two Cheque Books of Syndicate Bank, One
cheque book of Indusind Bank and One bag, seized by the BKC police
Station in C.R.No.11/2021 registered u/sec. 379, 34 of IPC be handed
over to the applicant.
3. The applicant to execute indemnity bond of Rs. 50,000/.
4. The applicant is directed not to sell, transfer, alter, dispose
or hand over the seized Laptop to third person without prior permission
of court and to produce the concerned seized Laptop and bag before the
Court, whenever required for trial.
5. The Investigating Officer is directed to take the
photographs of the seized property, at the cost of the applicant and to
produce the same and indemnity bond along with the final report.
Metropolitan Magistrate,
Date: 22012021 71st Court, Bandra, Mumbai.
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