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. 961/N/2021
C.R. No. 129/2021.
Kherwadi Police Station.
CNR No.MHMM180055302021
Swati Anant Ambre … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Swati Anant
Ambre for release of gold ingot of 50.160 grams, which is seized by the
Kherwadi Police Station in connection with Crime No.129/2021 registered
with the Kherwadi police station for the offence punishable under section 457,
380 r/w 34 of I.P.C.
2) Say was called from I. O., A.P.P., accused – Sohel Shaikh &
Mathoshree Jewellers, to whom the accused has sold gold articles. 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. Accused has
given his no objection to return said property to its original owner. The owner
of Matoshree Jewellers namely Samaram Pannajee Choudhary has given his no
objection to return seized gold ingot to the applicant.
3) In support of her contention regarding ownership, applicant has
filed on record NOC of original complainant Prachi Prashant Ambre, verified
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copies of Aadhar card & purchase invoices of gold ornaments and xerox copies
of FIR & statement alongwith her affidavit.
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 ingot 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 allowed.
2] The seized muddemal property i.e. ingot of 50.160 grams be
handed over to applicant on executing indemnity bond of Rs. 2,40,000/ (In
words rupees Two Lakhs Forty Thousand only), in the police station.
3] The applicant should undertake that she shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal of the Crime
No.129/2021 of Kherwadi Police Station and criminal case incidental there of.
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 her address proof.
7] Said application is to be affixed with Crime No.129/2021.
Date : 04.02.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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