Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 120/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 One Plus 7 mobile valued at Rs.29,999/ seized in C.R. No.18/2020
registered under section 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. Ld. APP submitted
that the said vehicle is required for purpose of investigation. Hence, prayed to
reject the application.
3] In support of application the applicant has filed on record her own
Affidavit and submitted that she is owner of the said mobile and she is ready to
abide every conditions imposed by this Court. Copy of bill is annexed with the
application. The said bill shows the name of purchaser Mr. Yash brother of
applicant. Therefore, he filed affidavit on oath stating that the applicant is his
sister and he has no objection to handover the said mobile to her. The
Applicant has filed on record xerox copy of F.I.R. dated 22/01/2020 which
shows her to be the original informant on whose report crime is registered. The
applicant has annexed verified copy of Aadhaar Card as proof of her 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:
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O R D E R
1] The application is allowed.
2] The seized article namely One Plus 7 mobile valued at Rs.29,999/
seized in C.R. No.18/2020 by Shahu Nagar Police Station be returned to the
Applicant Ms. Ruchita Praful Tated residing at Plot No.275, CIDCO Bajaj Agar
Waluj, Aurangabad 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
Court. On filing of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date: 05/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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