Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 162/N/2020 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
one pair of gold ear jhumka weighing of 5.070 grams valued at Rs.14,829/, one
pair of gold ear chain weighing of 7.700 grams valued at Rs.22,522/ and one
pair of gold top earring weighing of 10.920 grams valued at Rs.31,941/ seized in
C.R. No.602/2019 registered u/s. 454, 457, 380 of the I. P.C. by Dharavi Police
Station.
2] On the application say of respondent was called. The Investigating
Officer filed his say wherein no objection to handover custody of seized property
to the applicant on certain terms and conditions is conveyed. While Ld. APP
prayed to reject the application on the ground that the said vehicle is required at
the time of trial.
3] In support of application the applicant has filed on record her own
affidavit and submitted that she is lawful owner of the said property. Verified
copy of bill is filed on record. The applicant has annexed verified copy of Aadhaar
Card as proving of her identify and address. The Applicant has filed on record
copy of F.I.R. dated 23/12/2019 which shows Mrs. Sayali Kamlesh Shinde –
daughter of the applicant to be the original informant on whose report crime is
registered. Therefore, the applicant has filed on record affidavit of original
informant wherein she has given no objection to handover the said ornaments to
the applicant – original owner. Verified copy of Aadhaar Card is annexed as
proving 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 articles are gold and it 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
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terms and conditions. Therefore, I pass the following order:
O R D E R
1] The application is allowed.
2] The seized property namely one pair of gold ear jhumka weighing of
5.070 grams valued at Rs.14,829/, one pair of gold ear chain weighing of 7.700
grams valued at Rs.22,522/ and one pair of gold top earrings weighing of 10.920
grams valued at Rs.31,941/ seized in C.R. No.602/2019 by Dharavi Police
Station, be returned to the Applicant Mrs. Vijaya Rajendra Shinde residing at
Room No.19, Ranga Sheth Chawl, Dharavi, Mumbai17, on furnishing solvent
surety of Rs.70,000/ with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said golden articles or any part of it to any third person before the
conclusion of trial.
b) The applicant shall not change the nature, design of the golden
articles in any mode or manner.
c) The applicant shall produce the said golden articles 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 surety bond of
the applicant and shall return the muddemal on due verification of applicant after
taking picture of the gold articles. Investigating Officer further directed to file all
above documents in the Court which on receipt be attached with the chargesheet.
Order accordingly.
Mumbai.
Date : 27/07/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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