Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 432/N/2022
C.R. No. 646/2022.
Nirmal Nagar Police Station.
CNR No.MHMM180054952022
Mahendrakumar Rajendrakumar
Gupta
… Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mahendrakumar
Rajendrakumar Gupta for release of Akai Company T.V., Set top box, cash of
Rs.3760/, Silver Anklet, old heater machine, which are seized by the Nirmal
Nagar Police Station in connection with Crime No.646/2022 registered with
the said police station for the offence punishable under section 454, 457, 380
r/w 34 of I.P.C.
2) Say was called from I. O., A.P.P & accused was called. The I.O.
has no objection. The learned A.P.P. has an objection and submitted that, it is
essential at the time of trial and thus she prayed for rejection. Both accused
have failed to file their say.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of tax invoice of T.V. & xerox copy of FIR &
statement & Aadhar card alongwith his affidavit.
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4) In the matter of Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid down
certain guidelines as to the property which is seized by the police during
the investigation, which is to be disposed of as early as possible. As per this
ratio, said seized muddemal is returned to the applicant. Under such
circumstances, I pass following order :
:: O R D E R	O R D E R ::
1] Application is partly allowed.
2] The seized muddemal property be handed over to
applicant on executing indemnity bond of
Rs.32,000/ (In words rupees Thirty Two Thousand
only), in the police station.
3] The applicant should undertake that he shall not
transfer, pledge or any other way alienate the said
muddemal till the final disposal of the Crime
No.646/2022.
4] The applicant is also directed to produce the
said muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper panchanama
and take out two photographs of the muddemal
property in order to establish the identity for
identification and evidence.
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6] The applicant is also directed to produce his address
proof.
7] Said application is to be affixed with Crime
No.646/2022.
Date : 04.04.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,32nd Court,
Bandra, Mumbai.
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