Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 295/N/2018 Dharavi Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property i.e.
1) one gold mangalsutra of 15 grams worth Rs.20,000/, 2) one gold ring of
3.5 grams worth Rs.7,000/ and 3) Two pairs of silver anklet (payal) worth
Rs.1,000/ seized in C.R. No.112/2018 for the offence u/s.454, 380 of the
I.P.C. by Dharavi 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 gold mangalsutra of 15 grams and one gold ring of 3.5
grams seized in C.R. No.112/2018 to the applicant on certain terms and
conditions.
3] In support of the application, the applicant has filed on record her
own affidavit and has given undertaking. The applicant has filed on record
copy of F.I.R. dated 13/03/2018.
4] Perused the application, say filed by Investigating Officer and
documents filed on record. On perusal of say filed by police it appears that
during investigation police has not seized silver anklet (payal) from the
accused. So, at this stage applicant is not entitled for the same. Concerning
with other articles the applicant is entitled for the same.
5] At this stage except the applicant there is no other claimant who
has claimed the custody of seized articles. The seized articles i.e. gold
mangalsutra and gold ring are gold ornaments 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:
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O R D E R
1] The application is allowed.
2] The seized articles i.e. 1) one gold mangalsutra of 15 grams worth
of Rs.20,000/ and 2) one gold ring of 3.5 grams worth of Rs.7,000/ seized in
C.R. No.112/2018, by Dharavi Police Station, be returned to the Applicant Smt.
Manisha Rajendra Shinde residing at Shiv Shakti Nagar, Sant Kakaya Marg,
M.P. Nagar, Dorwada, Dharavi, Mumbai17, on executing indemnity bond of
Rs.40,000/ (Rupees Forty Thousands Only) with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said gold 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 gold
articles in any mode or manner and shall not use for unlawful
purpose.
c) The applicant shall produce the said gold 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 her
scrupulously.
3] The Investigating Officer is directed to take the photographs of the
articles 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 : 17/04/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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