Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 316/N/2022
C.R. No. 310/2022.
Nirmal Nagar Police Station.
CNR No.MHMM180035182022
Mr. Dhenaram Mangilal Sen … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Dhenaram
Mangilal Sen for release of gold ornaments valued Rs.2,95,000/, which is
seized by the Nirmal Nagar Police Station in connection with Crime
No.310/2022 registered with the said police station for the offence punishable
under section 454, 380 of I.P.C.
2) Say was called from I. O., A.P.P. & accused. The I.O. has no
objection. The learned A.P.P. has an objection and submitted that, it is
essential at the time of trial and thus she prayed for rejection. Accused has
given her no objection to return said property to its original owner.
3) In support of his contention regarding ownership, applicant has
filed on record NOC of accused Pinki Devi, verified copy of Aadhar card &
xerox copies of invoices, FIR & statement alongwith his affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain
guidelines as to the property which is seized by the police during the
investigation, which is to be disposed of as early as possible. As per this ratio,
said ingot is returned to the applicant. Under such circumstances, I pass
following order.
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. gold ornaments valued
Rs.2,95,000/ be handed over to applicant on execu ting indemnity bond of Rs.
3,00,000/ (In words rupees Three Lakhs only), in the police station.
3] The applicant should undertake that she shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal of the Crime
No.310/2022 of Nirmal Nagar Police Station and criminal case incidental there
of.
4] The applicant is also directed to produce the said muddemal
property as and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out
two photographs of the muddemal property in order to establish the identity
for identification and evidence.
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6] The applicant is also directed to produce her address proof.
7] Said application is to be affixed with Crime No.310/2022.
Date : 21.06.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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