Final Order 1

Order Details: Order Below EX 1
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Notice Case No.125/N/2018 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. three laptops (2 Dell Company and 1 HP Company) worth Rs.60,000/
seized in C.R. No.654/2017 by Bandra Police Station.
2] The Ld. APP filed say and submitted that the appliant is original
complainant. The court may impose condition that the property be produced as
and when required. The Investigating Officer filed say, gave no objection to
handover custody of seized articles i.e. one Laptop of H.P. Company and two
laptops of Dell Company seized in C.R. No.654/2017 to the applicant on
certain terms and conditions.
3] In support of application the applicant has filed on record his
“Affidavit” and has given undertaking. The applicant has filed on record xerox
copy of F.I.R. dtd. 27/12/2017.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized articles. The seized articles are 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 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:
O R D E R
1] The application is allowed.
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2] The seized articles i.e. one laptop of H.P. Company and two
laptops of Dell Company worth Rs.60,000/ seized in C.R. No.654/2017 , by
Bandra Police Station be returned to the Applicant Mr. Shahid Aboobakar
Merchant residing at 12, 3rd Floor, Vaikunth, Mount Merry Road, Bandra W,
Mumbai on executing indemnity bond of Rs.80,000/ (Rupees Eighty
Thousands only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized laptops to third person without prior
permission of Court.
b) The applicant shall produce the said laptops 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: 16/02/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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