Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No.81/N/2018 Dharavi Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. one mobile of Micromax Co. valued of Rs.5,000/ seized in C.R.
No.45/2018 for the offence u/s.392, 34 of the I.P.C. registered by Dharavi
Police Station.
2] The Investigating Officer has filed say, gave no objection to
handover custody of seized property i.e. one mobile of Micromax Co. valued of
Rs.5,000/ seized in C.R. No.45/2018 to the applicant on certain terms and
conditions.
3] In support of application the applicant has filed on record his own
“Affidavit” and has given undertaking. The Applicant has filed on record xerox
copy of FIR dtd. 26/01/2018. The applicant has also filed on record purchase
receipt of the said mobile.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized article. The seized article i.e. mobile is electronic
equipment and it may get damaged permanently, if remained with police stn.
for long period. No purpose is likely to be served by keeping the said mobile at
police station till the conclusion of trial. If seized article 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, 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.
2] The seized articles i.e. one mobile of Micromax Co. valued of
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Rs.5,000/ seized in C.R. No.45/2018 by Dharavi Police Station be returned to
the Applicant Mr. Gyanendra Kumar Kuril residing at R.No. 4, Galli No.7,
Vatsalatai Nagar, Naik Nagar, Opp. S.T. Depot, Mumbai on executing
indemnity bond of Rs.10,000/ (Rupees Ten Thousands only) with condition
that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized mobile to third person without prior
permission of Court.
b) The applicant shall produce the said mobile as and when directed
by the Court or I.O. in the trial or in the course of investigation as
and when directed.
c) The applicant shall follow the conditions imposed on him
scrupulously.
3] The I.O. is 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: 12/02/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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