Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 95/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 gold chain along with Saibaba locket of 25 grams worth Rs.50,000/ seized
in C.R. No.65/2018 for the offence u/s.379 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 gold chain seized in C.R.
No.65/2018 to the applicant on certain terms and conditions.
3] In support of the application, the applicant has filed on record his
own affidavit and has given undertaking. The applicant has filed on record
copy of F.I.R. dated 03/02/2018 give details of theft chain.
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 it 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 gold chain along with Saibaba locket of
25 grams worth Rs.50,000/ seized in C.R. No.65/2018 , by Dharavi Police
Station, be returned to the Applicant Mr. Malikarjun Chandappa Mural residing
at Gul Mohd. Chawl, Chawl no.2, Room No.23, Sant Kakaiya Marg, Dharavi,
Mumbai17, on executing indemnity bond of Rs.50,000/ (Rupees Sixty
Thousand Only) with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said gold 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 gold chain
in any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said gold 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 him
scrupulously.
3] The Investigating Officer is directed to take the photographs of the
article 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 : 14/02/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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