Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 198/N/2024
Uday V/s. B.K.C. P. Stn.
ORDER
1. The present application is filed for return of seized property
i.e. Welding Machine Model No.MIG 400 IJ, seized by the B.K.C. police
station in connection with C. R. No.232/2024, registered U/Sec. 304
(A), 336, 337 r/w 34 of I.P.C.
2. I.O. objected and contended that, due to the electric shock
from the said Welding Machine there was a death of one person,
further, the technical examination of the said machine by expert is yet
to be completed. Therefore, prayed that, application be rejected. Ld.
A.P.P. objected to release the Welding Machine, as it requires for trial.
3. Admittedly, seized Welding Machine belongs to the
applicant. Applicant in support of his contention has produced xerox
copies of F.I.R., his Aadhar Card, Invoice and certificate issued by
Sunder Cranes Pvt. Ltd. Application is well supported by affidavit of
applicant and NOC of Arvindkumar Laltaprasad Yadav alongwith his
Aadhar Card. I am of opinion that, after getting examination of the said
Welding Machine custody of said Welding Machine can be given to the
applicant by imposing certain conditions. No good purpose would serve
by keeping the said Welding Machine further in custody of police. For
the apprehension of Investigating Officer and Ld. A.P.P. condition can be
imposed. Applicant is entitled to receive the seized Welding Machine. In
the result, following order is passed :-
ORDER
1 The Investigating Officer shall get examine the seized
Welding Machine Model No.MIG 400 IJ, seized by the
B.K.C. police station in connection with C. R.
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No.232/2024, registered U/Sec. 304 (A), 336, 337
r/w 34 of I.P.C. from expert and obtain the report,
thereafter, he shall handover the custody of Welding
Machine to the applicant.
2 The custody of seized property i.e. Welding Machine
Model No.MIG 400 IJ, seized by the B.K.C. police
station in connection with C. R. No.232/2024,
registered U/Sec. 304 (A), 336, 337 r/w 34 of I.P.C.
be handed over to the applicant on execution of
indemnity bond of R.70,000/-.
3 The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized Welding Machine to
third person without prior permission of Court and
shall produce the same before the Court, whenever
required for trial.
4 The Investigating Officer is directed to collect the
report in respect of defect from expert and thereafter,
prior to handover the seized Welding Machine take the
photographs of the seized Welding Machine at the cost
of the applicant and produce the same with indemnity
bond of applicant along with final report.
Mumbai
Date : 13/05/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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