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. 259/N/2024
C.R. No. 693/2023.
Nirmal Nagar Police Station.
CNR No.MHMM18-006214-2024
Foolabai Damodar Kolpe … 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 Foolabai
Damodar Kolpe for release of Golden Mangalsutra weight 17 grams, which is
seized by the Nirmal Nagar Police Station in connection with Crime
No.693/2023 registered with the Nirmal Nagar police station for the offence
punishable under section 420, 380 of I.P.C.
2) I.O. has given his no objecton to release said gold Mangalsutra to
applicant. Ld. APP prayed for appropriate order with terms and condition.
3) In support of her contention regarding ownership, applicant has
filed on record verified copy of tax invoice, Aadhar card and xerox copies of
FIR & statement alongwith his 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 muddemal is
returned to the applicant. Under such circumstances, pass following order.
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-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. 17 grams gold Mangalsutra
weight 17 grams be handed over to applicant on executing
indemnity bond of Rs. 1,10,000/- (In words rupees One Lakh Ten
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.693/2023 of Nirmal Nagar 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.
6] The applicant is also directed to produce her address proof.
Date : 24.07.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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