Final Order 1

Order Details: Order Below EX 1
Pdf Text: 1
ORDER IN APPLICATION FOR RETURN OF PROPERTY IN C.R. NO.329/2019 OF
VAKOLA POLICE STATION IN C. C. NO.527/N/2019
1. The applicant is praying for return of iron bars of different
descriptions. However, the said description does not match with the stolen
property. When it was pointed out to the advocate of the applicant, he
filed affidavit confining his claim to the stolen property stating that the
description of the property mentioned in the application was an
inadvertent mistake. Therefore, in view of the affidavit, the applicant
corrected his prayer and prayed for return of 12Mtr iron bars worth Rs.
1,50,000/- seized by Vakola in Crime no. 329/2019, registered u/sec.
379, 34 of IPC.
2. The PSO of Vakola Police station has given no objection to
return 3 to 4 tonnes iron bars of 12 Mtrs seized in the case.
3. The applicant submitted that the iron bars were stolen from
the site of the MS Enterprises where he is working. He has been
authorised by MS Enterprises, to obtain custody of the stolen property on
behalf of the company. He also produced on record copy of FIR, authority
letter, power of attorney in support of his claim. No one else has claimed
the custody of the the iron bars. The applicant may be given custody of
the stolen property. However, it is necessary to impose strict conditions on
the said company. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of 12Mtr iron bars worth Rs. 1,50,000/- seized
by Vakola police station in Crime no. 329/2019, registered u/sec.
379, 34 of IPC be given to the applicant on behalf of MS Enterprises.
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2. The applicant is directed to furnish indemnity bond of
Rs.1,50,000/- on behalf of the MS Enterprises.
3. MS Enterprises to intimate this court in case the authorized
agent i.e. the applicant furnishing indemnity bond leaves his job
and it is further directed that the company should furnish fresh
indemnity bond of another authorized agent in such case.
5. The I.O. to take the photographs of the property before
handing over its custody to the applicant, at the cost of the applicant
and to produce the photographs and the indemnity bond along with
the charge-sheet.
(Pragati B. Yerlekar)
Metropolitan Magistrate,
Date: 03.08.2019 71st Court, Bandra, Mumbai.
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