Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 79/N/2020 Shahu Nagar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property which
has been seized in C.R. No.09/2020 under seizure panchanama dated
23/01/2020 by Shahu Nagar Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed say wherein no objection to handover custody of seized property i.e.
317 bags worth Rs.1,08,020/ to the applicant on certain terms and conditions is
conveyed. While Ld. APP opposed the application on the ground that the
muddemal property is required at the time of trial for identification.
3] In support of application the applicant has filed on record his own
affidavit and submitted that he is owner of the said property and ready to abide
every conditions imposed by this Court. Copies of purchase receipts are filed on
record.
4] Perused application, say and affidavit in support of application.
Heard advocate for applicant. The Applicant has filed on record copy of F.I.R.
dated 11/01/2020 which shows the applicant to be the original informant on
whose report crime is registered. The applicant has annexed verified copy of
Aadhaar Card as proof of his identify and address.
5] At this stage except applicant there is no other claimant who has
claimed the custody of seized articles. 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 articles at police station till the conclusion of
trial. If seized property 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:
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ORDER
1] The application is allowed.
2] The seized articles i.e. 317 bags worth Rs.1,08,020/ seized in C.R.
No.09/2020 by Shahu Nagar Police Station be returned to the Applicant Mr.
Mohd. Zubair Shaikh residing at Sanaullah Compound, near Mahim Fatak, Mahim
East, Mumbai17 on furnishing solvent surety of Rs.1,08,020/.
3] The Investigating Officer is directed to take the above surety bond of
applicant and shall return the muddemal on due verification of applicant.
Investigating Officer further directed to file surety bond in the Court. On filing of
surety bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 16/03/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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