Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 448/N/2020 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property namely
one gold chain weighing of 8 grams valued at Rs.30,000/ and one gold bracelet
weighing of 9 grams valued at Rs.40,000/ seized in C.R. No.464/2020 registered
u/s. 380 of I. P.C. by Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed his 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 on the ground that the said property is required at
the time of trial.
3] In support of application the applicant has filed on record his own
affidavit and submitted that he is lawful owner of the said property and ready to
abide every conditions imposed by this Court. He further submitted that he is
having receipt of bracelet and chain was gifted to him in marriage. Verified copy
of gold bracelet receipt is filed on record. The Applicant has filed on record copy
of F.I.R. dated 20/07/2020 which shows the applicant to be the original
informant on whose report crime is registered. The applicant has annexed verified
copy of Aadhaar Card as proving of his identify and address.
4] At this stage except the applicant there is no other claimant who has
claimed the custody of seized articles. The seized articles are gold and it may get
damaged permanently, if remained with police station for long period. No
purpose is likely to be served by keeping the said property at police station till the
conclusion of trial. If seized article is handed over to the applicant on bond by
way of interim custody no serious prejudice or harm would be caused to the
accused and prosecution. Hence, application deserves to be allowed on certain
terms and conditions. Therefore, I pass the following order:
ORDER
1] The application is allowed.
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2] The seized property namely one gold chain weighing of 8 grams
valued at Rs.30,000/ and one gold bracelet weighing of 9 grams valued at
Rs.40,000/ seized in C.R. No.464/2020 by Bandra Police Station, be returned to
the Applicant Mr. Ramraj Ramakant Bhutiya residing at R.No.10, Shivnath Dubey
Chawl, near Ganesh Mandir, Mount Mary, Bandra W, Mumbai50, on furnishing
solvent surety of Rs.70,000/ with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said golden articles or any part of it to any third person before the
conclusion of trial.
b) The applicant shall not change the nature, design of the said
golden articles in any mode or manner.
c) The applicant shall produce the said golden articles as and when
directed by the Court in the trial or by Investigating Officer in the
course of investigation.
d) The applicant shall follow the conditions imposed on him
scrupulously.
3] The Investigating Officer is directed to take the above surety bond of
the applicant and shall return the muddemal on due verification of applicant after
taking picture of the gold articles. Investigating Officer further directed to file all
above documents in the Court which on receipt be attached with the chargesheet.
Order accordingly.
Mumbai.
Date : 31/08/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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