Final Order 1

Order Details: Order Below EX 1
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Notice Case No. 372/N/2018 Shahu Nagar Police Station
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY
1] This is an application filed by applicant for return of property i.e.
one silver coin of 50 grams valued of Rs.2,000/ and one silver small coin of 20
grams valued of Rs.8,00/ seized in C. R. No.112/2018 for the offence u/s.380
of the I.P.C. by Shahu Nagar Police Station.
2] On the application say of Investigating Officer, Ld. APP and
accused was called. The Investigating Officer has filed say, gave no objection to
handover custody of seized property i.e. one silver coin of 50 grams valued of
Rs.2,000/ and one silver small coin of 20 grams valued of Rs.8,00/ seized in
C. R. No.112/2018 to the applicant on certain terms and conditions. The Ld.
APP and accused have not filed their say.
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 17/04/2018.
4] At this stage except the applicant there is no other claimant who
has claimed the custody of seized articles. The seized articles i.e. silver coins
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.
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2] The seized articles i.e. one silver coin of 50 grams valued of
Rs.2,000/ and one silver small coin of 20 grams valued of Rs.8,00/ seized in
C. R. No.112/2018 by Shahu Nagar Police Station, be returned to the Applicant
Mr. Guman Ram Dewashi residing at Dewasiyo ki Dhani, Khatawas, Khudala,
Jodhpur, Rajasthan, 342001, on executing indemnity bond of Rs.10,000/
(Rupees Ten Thousands Only) with conditions that
a) The applicant shall not to sell, transfer, alienate, dispose off the
said silver coins 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 silver coins
in any mode or manner and shall not use for unlawful purpose.
c) The applicant shall produce the said silver coins 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
article 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 : 30/06/2018
(R. S. Sarkale)
Metropolitan Magistrate,
12th Court, Bandra, Mumbai.
*NKD
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