Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 93/N/2024
Balvant V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized property
i.e. total 4424 pieces of clothes (Fabric) seized by the Santacruz police
station in connection with C. R. No.1178/2023, registered U/Sec. 406
r/w 34 of I.P.C.
2. I.O. did not object to return the seized property to the
applicant. Ld. A.P.P. objected to release the property, as it requires for
trial.
3. Admittedly, seized property belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
F.I.R., his Aadhar Card, Tax invoices, Cash and Credit Memos.
Application is well supported by affidavit of applicant. Custody of the
property is not required for further investigation. In such circumstances,
no good purpose would serve keeping the said property further in
custody. For the apprehension of Ld. A.P.P. condition can be imposed.
Applicant is entitled to receive the seized property. In the result,
following order is passed :-
ORDER
1 The custody of seized property i.e. total 4424 pieces
of clothes (Fabric) seized by the Santacruz police
station in connection with C. R. No.1178/2023,
registered U/Sec. 406 r/w 34 of I.P.C. be handed over
to the applicant on execution of indemnity bond of
R.15,00,000/-.
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2 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized property 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 property, at the cost of the
applicant and produce the same with indemnity bond
of applicant along with final report.
Mumbai
Date : 06/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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