Final Order 1

Order Details: Order Below EX 1
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ORDER BELOW APPLICATION IN C.C. NO. 108/N/2021
1. The applicant is praying for return of gold chain weighing 15
grams, gold bracelet weighing 15 grams and two rings weighing 10 grams
seized by Santacruz Police Station in C. R. No.322/2020 registered u/sec.
420, 34 of IPC.
2. The Investigating Officer has given no objection to return the
seized property to the applicant.
3. The applicant submitted that golden chain, bracelet and gold
rings were obtained by the accused by deceiving him. He lodged report
regarding the incident. He has produced copies of FIR and Aadhar Card in
support of his version. No one else has claimed the custody of the seized
gold ornaments. The say of I.O. reveals that the seized property is
identified by the applicant. The applicant also produced Affidavit and
photographs in support of his version. Further, it will not be proper to
keep the seized gold ornaments at the police station for longer period.
Thus, there is no hurdle to handover the seized gold ornaments to the
applicant by imposing conditions. In the result, following order is passed :
ORDER
1. The gold chain weighing 15 grams, gold bracelet weighing 15
grams and two rings weighing 10 grams seized by Santacruz Police
Station in C. R. No.322/2020 registered u/sec. 420, 34 of IPC be
returned to the applicant.
2. The applicant is directed to furnish indemnity bond of
Rs.2,00,000/.
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3. Applicant is directed not to transfer, alter, dispose or hand
over the said seized property to third person without prior
permission of Court and to produce it before the Court,
whenever required for trial.
4. The Investigating Officer is directed to produce the
indemnity bond alongwith the final report.
Metropolitan Magistrate,
Date: 22.03.2021 71st Court, Bandra, Mumbai.
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