Final Order 1

Order Details: Order Below EX 1
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CC No. 129/N/2022
Shabnam V/s. Santacruz PS
ORDER
1. The applicant is praying for return of gold ornaments and cash
seized by Santacruz Police Station in C. R. No.384/2021 registered u/sec. 454,
380, 411, 34 of IPC.
2. The Investigating Officer has given no objection to return the seized
property to the applicant.
3. The applicant submitted that theft occurred at her house. Her
husband lodged report about theft. She is praying for return of ornaments and
cash seized by the police. She has produced copies of FIR, Some Bills and Aadhar
Card in support of her version.
4. The say of IO reflects that one of the accused obtained gold loan
from Muthoot Finance against some of the ornaments mentioned in the
application. Said financial institution strongly opposed return of the ornaments
against which it disbursed loan. Whether the applicant is entitled for custody of
said ornaments and whether said financial institution disbursed loan by following
due procedure requires detail inquiry. It will not be possible to decide said
questions at this stage. The interest of the applicant and interest of the financial
institution which deal with public money will have to be weighed on the basis of
evidence. Therefore such rival claims will be proper to be decided on merits on
the basis of evidence. The description of four gold bangles correspond with the
description given by the applicant at the time of lodging of FIR. However the
description of rest of the ornaments do not match with seized ornaments. Hence
the applicant is entitled to receive custody of seized cash amount and four
bangles weighing 30 gms at this stage. No one else has claimed the custody of
the said ornament and cash amount. Further, it will not be proper to keep the
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CC No. 129/N/2022
Shabnam V/s. Santacruz PS
seized ornament and cash amount at the police station for longer period. Thus,
there is no hurdle to handover the seized ornament and cash amount to the
applicant by imposing conditions. In the result, following order is passed :
ORDER
1. The application is partly allowed.
2. Seized four bangles weighing 30 gms and cash seized by
Santacruz Police Station in C. R. No.384/2021 registered u/sec.
454, 380, 411, 34 of IPC be returned to the applicant.
3. The applicant is directed to furnish indemnity bond of
Rs.01,60,000/.
4. Applicant is directed not to transfer, alter, dispose or hand over
the said seized property to third person without prior permission of
Court and to produce it before the Court, whenever required for
trial.
5. The applicant is directed to produce photographs of the ornament
on record. He is further directed to produce indemnity bond on
record mentioning the denominations and numbers of the currency
notes.
Metropolitan Magistrate,
Date: 20.05.2022 71st Court, Bandra, Mumbai.
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