Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 266/N/2018 Bandra Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property i.e.
one golden chain of 12.5 grams worth Rs.20,000/ seized in C.R. No.132/2018
for the offence u/s.420, 34 of the I.P.C. by Bandra Police Station.
2] On the application say of Investigating Officer was called. The
Investigation Officer has filed say, gave no objection to handover custody of
seized property i.e. one golden chain of 12.5 grams worth Rs.20,000/ seized in
C.R. No.132/2018 to the applicant on certain terms and conditions.
3] In support of the application, the applicant has filed on record his
own affidavit and has given undertaking. The applicant has filed on record
copy of F.I.R. dated 23/02/2018 and purchase receipt of the said gold chain.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized article. The seized article is gold ornament
and it 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 article i.e. one golden chain of 12.5 grams worth
Rs.20,000/ seized in C.R. No.132/2018 , by Bandra Police Station, be returned
to the Applicant Mr. Harishchandra Govind Patil residing at R.No.290,
Shivshastri Macchimar Nagar No.5, Captain Prakash Pethe March, Cuffe
Parade, Mumbai 400 005, on executing indemnity bond of Rs.30,000/ (Rupees
Thirty Thousands Only) with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said gold chain 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 gold chain
in any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said gold chain 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 Investigating Officer is directed to take the photographs of the
article before handing over its custody to the applicant, on the cost of
applicant. The Investigating Officer is further 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 : 25/04/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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