Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 174/N/2022
C.R. No. 653/2021.
Nirmal Nagar Police Station.
CNR No. MHMM180020652022
Manju Nitin Bagadi @ Manju Dilip
Kumar Buswala
… Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) + 7
Ors.
...Respondents.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Manju Nitin
Bagadi @ Manju Dilip Kumar Buswala for release of seized gold, silver &
wrist watches, which are seized by the Nirmal Nagar Police Station in
connection with Crime No.653/2021 registered with the said police station for
the offence punishable under section 377, 498(A), 506, 504, 323 r/w 34 of
I.P.C.
2) Say was called from I. O., A.P.P & respondent No.3 to 8. The I.O.
has no objection. The learned A.P.P. filed say and submitted that said
muddemal is essential at the time of trial. Respondent No. 4 to 8 has given no
objection. Applicant filed the missing complaint of respondent No.3 Nitin
Bagadi.
3) In support of her contention regarding ownership, applicant has
filed on record verified copy of Aadhar card and xerox copy of FIR, statement
and purchase invoices alongwith her affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. As per this
ratio, said seized muddemal is returned to the applicant. But, the applicant
claimed so many gold and silver ornaments, which are not seized by I.O.
Therefore, in such situation said ornaments are not fully returned to the
applicant. Under such circumstances, I pass following order :
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property be handed over to
applicant on executing indemnity bond of
Rs.5,40,000/ (In words rupees Five Lakhs Forty
Thousand only), in the police station.
3] The applicant should undertake that she shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.653/2021.
4] The applicant is also directed to produce the
said muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper panchanama
and take out two photographs of the muddemal
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property in order to establish the identity for
identification and evidence.
6] The applicant is also directed to produce her
address proof.
7] Said application is to be affixed with Crime
No.653/2021.
Date : 23.08.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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