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. 827/N/2021
C.R. No. 303/2021.
Kherwadi Police Station.
CNR No.MHMM180037492021
Nurjahan Manjur Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Nurjahan
Manjur Khan for release of gold ornaments i.e. two finger rings, two ear
tops, two Nose rings (Naths), two Mangalsutras, one bracelet total weighing
38.570 grams and cash of Rs.11,500/, which are seized by the Kherwadi
Police Station in connection with Crime No.303/2021 registered with the
Kherwadi police station for the offence punishable under section 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, the
applicant may tamper the muddemal. She prayed for rejection. Accused Asif
Abdul Gaffar Khan has given his no objection to release seized muddemal in
favour of applicant.
3) In support of her contention regarding ownership, applicant
has filed on record xerox copies of FIR, statement & report of valuation of
jewellery and verified copies of Aadhar card alongwith her 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 ornaments are 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. two finger rings, two ear
tops, two naths, two Mangalsutras, one bracelet total weighing 38.570
grams and cash of Rs.11,500/, be handed over to applicant on execu ting
indemnity bond of Rs. 2,00,000/ (In words rupees Two 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.303/2021 of Kherwadi 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.303/2021.
Date : 27.11.2021
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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