Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 90/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 Samsung Galaxy mobile model no.A50S A507FW valued at Rs.23,500/
seized in C.R. No.350/2019 (C.C. No.307/PW/2020) registered u/s.380 of IPC
by Shahu Nagar Police Station.
2] The applicant submits that she is owner of the said mobile. The
said mobile was gifted to her by her sister Sulbha Lokhande. Original bill of the
said mobile is filed on record.
3] 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 the purpose of investigation.
4] Perused application, documents and chargesheet. Heard both the
sides. As per record the applicant shows the original informant on whose report
crime is registered. She has annexed verified copy of Aadhaar Card as proving
of her identify and address. 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 Samsung Galaxy mobile model
no.A50S A507FW valued at Rs.23,500/ seized in C.R. No.350/2019 (C.C.
No.307/PW/2020) by Shahu Nagar Police Station be returned to the Applicant
Ms. Reshma Bhagwan Jagtap residing at 41/1660, D.N. Nagar, Opp. D.N.
Nagar Police Station, Andheri W, Mumbai53 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 mobile to third person before the conclusion of
trial.
b) The applicant shall not change the nature of the said mobile in any
mode or manner.
c) The applicant shall produce the said mobile 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 her
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
chargesheet.
Order accordingly.
Mumbai
Date: 21/01/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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