Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 66/N/2018 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property i.e.
one golden chain weighing of 15 grams valued of Rs.30,000/ seized in C.R.
No.123/2017 for the offences u/s.420, 34 of the I.P.C. by Dharavi Police
Station.
2] The Investigation Officer has filed say, gave no objection to
handover custody of seized property i.e. one golden chain weighing of 15
grams seized in C.R. No.123/2017 to the applicant on certain terms and
conditions.
3] In support of the application, the applicant has filed on record her
own affidavit and has given undertaking. The applicant has filed on record
copy of F.I.R. dated 23/03/2017 give details of theft article.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized article. The seized article is gold ornament
and may get damaged, if remained with police stn. for long period. Admittedly
the said property cannot be termed as weapon and no purpose is likely to be
served by keeping at police station till the conclusion of trial. If seized property
is handed over to applicant on bond by way of interim custody no serious
prejudice or harm would be caused to accused and prosecution. Hence, the
application deserves to be allowed on certain terms and conditions. Therefore, I
pass the following order:
O R D E R
1] The application is allowed.
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2] The seized article i.e. one golden chain weighing of 15 grams
valued of Rs.30,000/ seized in C.R. No.123/2017 , by Dharavi Police Station,
be returned to the Applicant Smt. Sumitra Ramdhani Gupta residing at Room
No.60, Prabhudas Narsidar Chawl No.50, Tank Bunder Road, Mumbai400 010,
on executing indemnity bond of Rs.40,000/ (Rupees Forty Thousand Only)
with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said golden chain or any part of it to any third person without
prior permission of Court.
b) The applicant shall not change the nature of the said golden
chain in any mode or manner and shall not use for unlawful
purpose.
c) The applicant shall produce the said golden chain as and when
directed by this Court or by the Investigating Officer in the
course of trial.
d) The applicant shall follow the conditions imposed on her
scrupulously.
3] The Investigating Officer is directed to take the photographs of the
articles before handing over its custody to the applicant, on the cost of
applicant. The Investigating Officer is further directed to take the above
indemnity bond of applicant and shall return the muddemal on due verification
of applicant. I.O. further directed to file indemnity bond in the Court. On filing
of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Sd/
Mumbai.
Date : 05/02/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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