Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 84/N/2020 Shahu Nagar Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Laptop of Dell Latitude 3460 valued at Rs.27,850/ seized in C.R.
No.12/2020 registered u/s. 392 of I.P.C. 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 to
the applicant on certain terms and conditions is conveyed. While Ld. APP
prayed to reject the application on the ground that the said property is required
for identification
3] In support of application the applicant has filed on record his own
Affidavit and submitted that the said laptop is provided by his company namely
Khimji Kunverji & Co. and the said company is owner of the said laptop. To
support his contention he has filed on record letter dated 27/01/2020 issued by
his company alongwith bill of the said laptop. The Applicant has filed on record
copy of F.I.R. dtd. 14/01/2020 which shows him 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.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized article. The seized property 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 article is 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:
ORDER
1] The application is allowed.
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2] The seized property namely Laptop of Dell Latitude 3460 valued at
Rs.27,850/ seized in C.R. No.12/2020 by Shahu Nagar Police Station be
returned to the Applicant Mr. Ameya Mahendra Tandel residing at Samudrika
04 Katrang Mogalwadi Road, Chinmay Nagar, Khopoli Power House, Khopoli
Raigarh on executing indemnity bond of Rs.40,000/ (Rupees Forty Thousand
only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said laptop to third person before the conclusion of
trial.
b) The applicant shall not change the nature of the said laptop in any
mode or manner.
c) The applicant shall produce the said laptop 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. Investigating Officer further directed to file indemnity bond in the
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date: 22/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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