Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 240/N/2023
Mohd. Shoaib V/s. Vakola P. Stn.
ORDER
1. The present application is filed for return of 1] Taparia Pipe
Pana, 2] Bosch Drill Machine, 3] Electric Cable (150 meter), 4] Tee 1 X
½ inch (25 Nos.) 5] Tee ¾ X ½ inch (25 Nos.) and 6] Fitting ½ inch
MCN (15 Nos.), seized by the Vakola police station in connection with
C. R. No.378/2023, registered U/Sec. 454, 457, 380 of IPC.
2. I.O. did not object to return the seized muddemal to the
applicant. However, Ld. A.P.P. objected to release the muddemal, as it
requires for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced xerox copies of FIR
and his Aadhar Card, PAN Car, Driving Licence, Ration Card, ID Card
issued by Star Industries Piping System Pvt. Ltd. Application is well
supported by affidavit of applicant. Custody of the muddemal is not
required for further investigation. In such circumstances, no good
purpose would serve keeping the said muddemal further in custody. For
the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized muddemal. In the result, following order
is passed :
ORDER
1. The custody of 1] Bosch Drill Machine, 2] Electric Cable
(150 meter), 3] Tee 1 X ½ inch (25 Nos.) 4] Tee 3 X ½
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inch (18 Nos.) and 5] Fitting ½ inch MCN (15 Nos.),
seized by the Vakola police Station in C. R.
No.378/2023, registered U/Sec.454, 457, 380 of IPC be
handed over to the applicant on execution of indemnity
bond of R.25,000/.
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 : 26/06/2023.
SRD
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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