Final Order 1

Order Details: Order Below EX 1
Pdf Text: : 1 :
Notice Case No. 359/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 ingot (lagad) of 101 grams worth Rs.2,76,000/, 2) one gold Ingot
(lagad) of 72 grams worth Rs.1,87,000/, 3) one gold ingot (lagad) of 27
grams worth Rs.72,000/, 4) five gold coin of 5 grams each worth Rs.78,000/,
5) one gold bracelet printed with Alok of 2.980 grams worth Rs.8,700/, 6) one
gold chain along with printed Rinky pendant of 8.270 grams worth
Rs.24,600/, 7) one gold chain of 1.650 grams worth Rs.4,950/, 8) one gold
bracelet of 4.490 grams worth Rs.13,470/, 9) one gold Ingot (lagad) of 40
grams worth Rs.1,20,000/, 10) one gold mangalsutra along with black mani of
7 grams worth Rs.21,000/, 11) one pair gold earrings of 4 grams worth
Rs.12,000/, 12) one gold ring of 1 gram worth Rs.3,000/ total valued of
Rs.8,20,720/ seized in C.R. No.13/2018 for the offence u/s.381 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 articles i.e. 1) one gold ingot (lagad) of 101 grams worth Rs.2,76,000/,
2) one gold Ingot (lagad) of 72 grams worth Rs.1,87,000/, 3) one gold ingot
(lagad) of 27 grams worth Rs.72,000/, 4) five gold coin of 5 grams each worth
Rs.78,000/, 5) one gold bracelet printed with Alok of 2.980 grams worth
Rs.8,700/, 6) one gold chain along with printed Rinky pendant of 8.270 grams
worth Rs.24,600/, 7) one gold ring of 1.650 grams worth Rs.4,950/, 8) one
gold bracelet of 4.490 grams worth Rs.13,470/, 9) one gold Ingot (lagad) of
40 grams worth Rs.1,20,000/, 10) one gold mangalsutra along with black
mani of 7 grams worth Rs.21,000/, 11) one pair gold earrings of 4 grams
worth Rs.12,000/, 12) one gold ring of 1 gram worth Rs.3,000/ total valued
of Rs.8,20,720/ seized in C.R. No.13/2018 to the applicant on certain terms
and conditions.
-- 1 of 3 --
: 2 :
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 08/01/2018. The applicant has also filed on record
purchase receipts of the said gold articles.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized articles. The applicant filed on record the
purchase receipts of gold as he s goldsmith. The seized articles 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:
O R D E R
1] The application is allowed.
2] The seized articles i.e. 1) one gold ingot (lagad) of 101 grams
worth Rs.2,76,000/, 2) one gold Ingot (lagad) of 72 grams worth
Rs.1,87,000/, 3) one gold ingot (lagad) of 27 grams worth Rs.72,000/, 4) five
gold coin of 5 grams each worth Rs.78,000/, 5) one gold bracelet printed with
Alok of 2.980 grams worth Rs.8,700/, 6) one gold chain along with printed
Rinky pendant of 8.270 grams worth Rs.24,600/, 7) one gold ring of 1.650
grams worth Rs.4,950/, 8) one gold bracelet of 4.490 grams worth
Rs.13,470/, 9) one gold Ingot (lagad) of 40 grams worth Rs.1,20,000/, 10)
one gold mangalsutra along with black mani of 7 grams worth Rs.21,000/, 11)
one pair gold earrings of 4 grams worth Rs.12,000/, 12) one gold r ing of 1
gram worth Rs.3,000/ total valued of Rs.8,20,720/ seized in C.R. No.13/2018
by Dharavi Police Station, be returned to the Applicant Mr. Kishore Kumar
-- 2 of 3 --
: 3 :
Kothari S/o Chandmal residing at B 407/408, Tilak Nagar, 4th Floor, Building
no.1, Chembur, Mumbai, on executing indemnity bond of Rs.10,00,000/
(Rupees Ten Lakhs Only) with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said 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 articles in
any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said 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 him
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 : 25/05/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
-- 3 of 3 --