Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 516/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 mangalsutra weighing of 15 grams valued at Rs.30,000/, gold earring
alongwith gold chain weighing of 7 grams valued at Rs.14,000/ and cash of
Rs.4,000/ seized in C.R. No.507/2020 registered for the offence u/s. 457, 380 of
the I.P.C. by Bandra Police Station.
2] On the application say of respondent was called. The Investigating
Officer filed 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 hearing of the case.
3] In support of application the applicant has filed on record his own
affidavit and submitted that she is lawful owner of the said property and she is
ready to produce the said property as and when required. Verified copies of
purchase receipt of gold are filed on record. The Applicant has filed on record
copy of F.I.R. dated 31/07/2020 which shows her to be the original informant on
whose report crime is registered. She has annexed verified copy of Aadhaar Card
as proof of her 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 mangalsutra weighing of 15
grams valued at Rs.30,000/, gold earring alongwith gold chain weighing of 7
grams valued at Rs.14,000/ and cash of Rs.4,000/ seized in C.R. No.507/2020
by Bandra Police Station, be returned to the Applicant Mrs. Anita Arlan Swamy
residing at Room No.539, Nargis Datta Nagar, near Telephone Exchange,
Mumbai50, on furnishing solvent surety of Rs.34,000/ 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 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 deposit the amount of Rs.4,000/ in the Court
as and when directed by this Court in the future.
e) The applicant shall follow the conditions imposed on her
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 and shall also make detail panchanama of the
currency notes, stated in detail type of currency notes and its number.
Investigating Officer further directed to file all above documents in the Court
which on receipt be attached with the chargesheet.
Order accordingly.
Mumbai.
Date : 21/09/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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