Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 204/N/2021 Shahu Nagar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
one golden chain with pendant with 'S' letter weighing of 18 grams valued of
Rs.60,000/ seized in C.R. No.2/2021 for the offence u/s.392 of I.P.C. registered
at Shahu Nagar Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed say wherein no objection to handover custody of seized property i.e.
gold chain with pendant of 'S' letter (in two broken pieces) to the applicant on
certain terms and conditions is conveyed. The Ld. APP filed say and submitted
that the said property is required at the time of trial. Hence, prayed to reject the
application.
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 and she is
possessed relevant documents for the same. She is ready to abide every condition
imposed by this Court. Verified copy of purchase bill is filed on record. The
Applicant has filed on record copy of F.I.R. dated 03/01/2021 which shows her to
be the original informant on whose report crime is registered. The applicant has
annexed verified copy of Aadhaar Card as proving of her identify and address.
4] Perused application, say and documents filed on record. Heard
advocate of applicant and Ld. APP. At this stage except the applicant there is no
other claimant who has claimed the custody of seized article. The seized article is
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 terms and conditions. Therefore, I pass the following order:
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O R D E R
1] The application is allowed.
2] The seized property namely gold chain with pendant of 'S' letter (in
two broken pieces) valued of Rs.55,000/ seized in C.R. No.02/2021 by Shahu
Nagar Police Station, be returned to the Applicant Mrs. Pushpa Balappa Sonar
residing at Room No.256, Nityanand Chawl, Anna Nagar, 90 Ft. Road, Dharavi,
Mumbai17 on furnishing solvent surety of Rs.5 5,000 / with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said property 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 said
property in any mode or manner.
c) The applicant shall produce the said property 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 article. Investigating Officer further directed to file all
above documents in the Court which on receipt be attached with the chargesheet.
Order accordingly.
Mumbai.
Date : 26/03/2021
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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