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. 113/N/2020
C.R. No. 252/2019.
Kherwadi Police Station.
CNR No.MHMM18-000588-2020
Jyoti Satish Sakpal … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
15 GRAMS AND 10.50 GRAMS GOLD INGOTS
1. This is an application vide section 451 of Cr.P.C. for return of
seized 15 grams & 10.50 grams gold ingots worth Rs.55,000/.
2. Perused application, say of investigating officer. Heard.
3. Applicant sought custody of seized gold ingots being rightful
claimant of the same. She 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 of applicant, Aadhar card & copy
of invoices etc.
2. Investigating officer has given his no objection to return the
said muddemal in favour applicant. 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 seized 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 her.
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Hence, upon imposing certain conditions the said seized muddemal may be
released in favor of applicant. Hence, the following order :
ORDER
i) The seized muddemal i.e. gold ingots be handed over to the
applicant Jyoti Satish Sakpal, subject to furnishing
Indemnity bond of र 55,000/ (Rs. Fifty Five Thousand Only).
ii) She 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.
iv) Copy to the concerned police station for compliance of this
order.
Date : 07.02.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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