Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 192/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
1000 pieces of leather purses of brown colour valued at Rs.8,00,000/ seized in
C.R. No.42/2020 for the offences u/s.406, 420, 504, 506, 34 of the I.P.C.
registered by Dharavi 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 to
the applicant on certain terms and conditions is conveyed. While Ld. APP prayed
to reject the application.
3] In support of application the applicant has filed on record his own
Affidavit and submitted that he is doing business of manufacturing of ladies
handbag and purses in the name of Noorie Bags. He submitted that he is owner of
the said shop as well as property seized by police. He further stated that he is in
urgent need of the same and ready to produce as and when required. Gumasta
License of shop and receipt of property are annexed with the application. The
Applicant has filed on record xerox copy of F.I.R. dtd. 31/01/2020 which shows
Mohd. Shahnawaz Ansari – brother of the applicant to be the original informant
on whose report crime is registered. The applicant has annexed verified copy of
Aadhaar Card as proof of his identify and address.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized articles. The seized articles may get damaged
permanently, if remained with police station for long period. No purpose is likely
to be served by keeping the said articles 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, application deserves to be allowed on certain terms and
conditions. Therefore, I pass the following order:
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ORDER
1] The application is allowed.
2] The seized articles namely 1000 pieces of leather purses of brown
colour valued at Rs.8,00,000/ seized in C.R. No.42/2020 by Dharavi Police
Station be returned to the Applicant Mr. Mohd. Sahbaz Mohd. Mukhtar Ansari
residing at Room No.106, Madina Mansion, Dargah Road, Amrut Nagar, Mumbra,
Thane on executing indemnity bond of Rs.9,00,000/ (Rupees Nine Lakh only)
with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized property to third person without prior
permission of Court.
b) The applicant shall produce the said property 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 Investigating Officer is directed to take the above indemnity
bond of applicant and shall return the muddemal on due verification of applicant.
Investigating Officer further directed to file indemnity bond in the Court. On filing
of indemnity bond, it be attached with the chargesheet.
Order accordingly.
Mumbai
Date : 15/06/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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