Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 265/N/2018 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for returning of property
i.e. (1) 70 iron pillars of 12 feet each weight around 45 Kgs, (2) 20 iron patti's
of 4 feet each weight around 6 Kgs, (3) 15 iron angles of 6 feet each weight
around 8 Kgs seized in C.R. No.112/2018 for the offences u/s.379 of the I.P.C.
registered by Bandra Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say gave no objection to handover custody of
seized stolen articles worth of Rs.2,40,000/ seized under panchanama in C.R.
No.112/2018 to the applicant on certain terms and conditions.
3] In support of application, the applicant has filed on record his own
“Affidavit”. The applicant has filed on record xerox copy of F.I.R. dtd.
16/02/2018 gives details of seized articles.
4] At this stage except applicant there is no other claimant who has
claimed the custody of seized articles. The seized articles may get damaged, if
remained with police stn. for long period. Admittedly the said property cannot
be termed as weapon and no purpose is likely to be served by keeping at police
station till the conclusion of trial. If seized property is handed over to applicant
on bond by way of interim custody no serious prejudice or harm would be
caused to accused and prosecution. Hence, the application deserves to be
allowed on certain terms and conditions. Therefore, I pass the following order:
O R D E R
1] The application is allowed.
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2] The seized articles i.e. (1) 70 iron pillars of 12 feet each weight
around 45 Kgs, (2) 20 iron patti's of 4 feet each weight around 6 Kgs, (3) 15
iron angles of 6 feet each weight around 8 Kgs seized in C.R. No.112/2018 by
Bandra Police Station, be returned to the Applicant Mr. Feroz Usman Shaikh
residing at Building No.12, Room No.24, Nehrunagar, Kurla (E), Mumbai24,
on executing indemnity bond of Rs.2,50,000/ (Rupees Two Lakhs Fifty
Thousands Only) with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said articles or any part of it to any third person without prior
permission of Court.
b) The applicant shall not change the nature of the said articles in
any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said articles as and when
directed by this Court or by the Investigating Officer in the
course of trial.
d) The applicant shall follow the conditions imposed on him
scrupulously.
3] The I.O. is directed to take the above indemnity bond of applicant
and shall return the muddemal on due verification of applicant. I.O. further
directed to file indemnity bond in the Court. On filing of indemnity bond, it be
attached with the chargesheet.
Order accordingly.
Sd/
Mumbai.
Date : 13/04/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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