Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 211/N/2023
Sunil V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of 1] 20 silver glasses,
2] 3 silver jugs, 3] 12 silver bowls and 4] 3 silver dishes seized in
connection with crime by Santacruz Police Station in C. R. No.
409/2023, registered U/Sec. 454, 457, 380 of IPC.
2. I.O. did not object to return the seized silver utensils to the
applicant. However, Ld. A.P.P. objected to release the silver utensils, as
it requires for trial.
3. Admittedly, seized silver utensils belongs to the applicant.
Applicant in support of his contention has produced copy of FIR and his
Aadhar Card. 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 1] 20 silver glasses, 2] 1 silver jug, 3] 12
silver bowls and 4] 3 silver dishes seized in the crime by
Santacruz Police Station in C. R. No. 409/2023
registered u/sec. 454, 457, 380 of IPC be returned to
the applicant on furnishing indemnity bond of
R.2,50,000/.
-- 1 of 2 --
~2~
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 : 06/07/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --