Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No532/N/2020 Khar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely Baby TShirts 427 pieces valued at Rs.1,57,211.00 seized in C.R.
No.354/2020 registered under section 379 of I.P.C. by Khar Police Station.
2] On the application, say of respondent was called. The Investigating
Officer and Ld. APP filed say wherein no objection to handover custody of seized
property to the applicant on certain terms and conditions is conveyed.
3] In support of application the applicant has filed on record his own
Affidavit and submitted that he is owner of the said Tshirts and having bill of the
said TShirts. Copy of bill i.e. Tax Invoice for Rs.1,57,211.00 is annexed with the
application. The Applicant has filed on record xerox copy of F.I.R. dtd. 23/07/2020
which shows him to be the original informant on whose report crime is registered.
The applicant has annexed copy of Aadhar Card as proof 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 property 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:
O R D E R
1] The application is allowed.
2] The seized article namely Baby TShirts 427 pieces valued at
Rs.1,57,211.00 seized in C.R. No.354/2020 registered under section 379 of I.P.C.
by Khar Police Station be returned to the Applicant Mr. Alpesh Raghubhai Patel
residing at Room no.13, Milan Chhaya Bldg. Soc. Road, Jogeshwari (E), Mumbai
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400 060 on executing indemnity bond of Rs. 2,00,000/ (Rupees Two Lakhs only)
with condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or handover
the said TShirts to third person before the conclusion of trial.
b) The applicant shall not change the nature of the said TShirts in any
mode or manner.
c) The applicant shall produce the said TShirts 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 indemnity bond
of the applicant and shall return the muddemal on due verification 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: 13/10/2020
(Jaydeo Y. Ghule)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
I/c. ACMM., 9TH COURT, BANDRA,
MUMBAI.
ASD.
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