Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 157/N/2023
Kesar V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of 2 (TWO) gold
bangles, seized in connection with crime by Santacruz Police Station in
C. R. No. 319/2023, registered U/Sec. 420, 170 r/w. 34 of IPC.
2. I.O. did not object to return the seized gold bangles to the
applicant. However, Ld. A.P.P. objected to release the gold bangles, as it
requires for trial.
3. Admittedly, seized gold bangles belongs to the applicant.
Applicant in support of his contention has produced copy of FIR and her
Aadhar Card, her photograph showing bangles in her hand. Application
is well supported by affidavit of applicant. There is no rival claim by any
person in respect of the seized muddemal. Custody of the seized
muddemal is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said seized
muddemal further in custody of police. Applicant is entitled to receive
the seized muddemal. In the result, following order is passed :
ORDER
1. The custody of 2 (TWO) gold bangles seized in the
crime by Santacruz Police Station in C. R. No. 319/2023
registered U/Sec. 420, 170 r/w. 34 of IPC be returned
to the applicant on furnishing indemnity bond of
R.2,50,000/.
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2. The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized muddemal to third
person without prior permission of Court and shall
produce the same before the Court, whenever required
for trial.
3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of the
applicant and produce the same with indemnity bond of
applicant along with final report.
Mumbai.
Date : 21/06/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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