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. 157/N/2020
C.R. No. 67/2020.
CNR No.MHMM180009332020
Nirmal Nagar Police Station.
Pratibha Vishnu Sawant … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
SEIZED GOLD MUDDEMAL WORTH RS.2,00,000/ AND CASH OF
RS.24,000/
This is an application vide section 451 of Cr.P.C. for interim
custody of seized gold muddemal and cash, which has been seized by the
Nirmal Nagar police station in pursuant of alleged offence of theft.
2. Perused application, say of investigating officer. Heard.
3. Applicant sought custody of seized muddemal and cash. She is
ready to produce the said property whenever required till final disposal of
case. The application is supported by copy of F.I.R. and affidavit.
2. Investigating officer given his no objection to release said
muddemal in favour applicant. Whereas, Ld. APP failed to file say.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned 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.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
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2
ORDER
i) The seized gold muddemal and cash be handed over to the
applicant Pratibha Vishnu Sawant subject to furnishing
Indemnity bond of र 2,20,000/ (Rs. Two Lakh Twenty
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 and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 03.03.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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