Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 139/N/2018 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property i.e.
1) identify card, 2) one Max Co. mobile, 3) SIM card, 4) one Kelvinator fridge,
5) one steel trolley, 6) one aluminum box, 7) two steel boxes, 8) one steel plate,
9) six pairs used clothes, 10) eleven sarees bag, 11) one towel, one maxi, purse
used clothes, dupattas, 12) PAN card, 13) Aadhaar card xerox, 14) one Indian
railway smart card, 15) one gold ring 2 grams worth Rs.6,000/, 16) one gold
chain of 2 grams worth Rs.6,000/ total property valued of Rs.18,650/ seized in
C.R. No.384/2017 for the offences u/s.306, 498(A), 34 of the I.P.C. registered by
Dharavi Police Station.
2] On the application say of Investigating Officer, Ld. APP and accused
was called. The Investigating Officer has filed say, gave no objection to handover
custody of seized property i.e. stridhan articles seized in C.R. No.384/2017 to the
applicant on certain terms and conditions. While Ld. APP submitted that the
applicant has not attached any documents to support his claim. The said property
is required at the time of trial. Hence, opposed the application. The accused
persons also gave no objection to return the property to applicant.
3] In support of application, the applicant has filed on record his own
“Affidavit” and has given undertaking. The applicant has filed on record xerox
copy of F.I.R. dtd. 10/09/2017.
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 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. 1) identify card, 2) one Max Co. mobile, 3)
SIM card, 4) one Kelvinator fridge, 5) one steel trolley, 6) one aluminum box, 7)
two steel boxes, 8) one steel plate, 9) six pairs used clothes, 10) eleven sarees bag,
11) one towel, one maxi, purse used clothes, dupattas, 12) PAN card, 13) Aadhaar
card xerox, 14) one Indian railway smart card, 15) one gold ring 2 grams worth
Rs.6,000/, 16) one gold chain of 2 grams worth Rs.6,000/ total property valued
of Rs.18,650/ seized in C.R. No.384/2017 by Dharavi Police Station be returned
to the Applicant Mr. Dilip Kachru Sasane residing at Room No.204, Shivam
Building, Opp. Ganesh Temple, Dharavi Cross Road, Nandavan Colony, Dharavi,
Mumbai400 017 on executing indemnity bond of Rs.30,000/ (Rupees Thirty
Thousands only) with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized articles to third person without prior
permission of Court.
b) The applicant shall produce the said articles 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. The
Investigating Officer is further directed to take the photographs of the property
before handing over its custody to the applicant, on the cost 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.
Sd/
Mumbai
Date : 23/04/2018
(R. S. Sarkale)
Metropolitan Magistrate
12th Court, Bandra, Mumbai
*NKD
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