Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 167/N/2024
Mohit V/s. Santacruz P. Stn.
ORDER
1. The present application is filed for return of seized
muddemal i.e. 25 grams one pair of gold bangle seized by the Santacruz
police station in connection with C. R. No.636/2023, registered U/Sec.
381 of I.P.C.
2. I.O. did not object to return the seized muddemal to the
applicant. 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
F.I.R., his Aadhar Card. 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 muddemal i.e. 25 grams one pair of
gold bangle seized by the Santacruz police station in
connection with C. R. No.636/2023, registered
U/Sec. 381 of I.P.C. be handed over to the applicant
on execution of indemnity bond of R.1,00,000/-.
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
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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 : 03/05/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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