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. 97/N/2022
C.R. No. 316/2021.
Nirmal Nagar Police Station.
CNR No.MHMM180009372022
Mayur Gautam Kamble … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mayur Gautam
Kamble for release of 32 inches LED TV of Panasonic company & an identity
card of Skin Lab Clinic, which is seized by the Nirmal Nagar Police Station in
connection with Crime No.316/2021 registered with the said police station for
the offence punishable under section 457, 380 r/w 34 of I.P.C.
2) Say was called from I. O., A.P.P. The I.O. has no objection. The
learned A.P.P. has an objection and submitted that, it is essential at the time of
trial and thus she prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of tax invoice, Aadhar card, xerox copy of FIR &
statement and affidavit cum NOC of applicant's wife – Rachana Mayur Kamble
alongwith verified copies of marriage certificate, her PAN card & Aadhar card
alongwith his affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. The description of
T.V. in FIR, seizure panchanama as well as in say of I.O. is of 32 inches LG
company. Applicant is claiming Panasonic LED TV and it is not similar with the
say of I.O. Therefore, applicant is only entitled for Skin Lab Clinic ID card.
Under such circumstances, I pass following order.
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property i.e. Skin Lab Clinic
ID card be handed over to applicant on executing
indemnity bond of Rs.5,000/ (In words rupees Five
Thousand only), in the police station.
3] The applicant should undertake that he shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.316/2021.
4] The applicant is also directed to produce the
said muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper panchanama
and take out two photographs of the muddemal
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2
property in order to establish the identity for
identification and evidence.
6] The applicant is also directed to produce his address
proof.
7] Said application is to be affixed with Crime
No.316/2021.
Date : 04.04.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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