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Final Order 1

CNR MHMM18006294202109 Dec 2021
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Final Order 1 · 09 Dec 2021 · CNR MHMM180062942021

Order Details: Order Below EX 1
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CC No. 1022/N/2021
Gayatri V/s. Vakola PS
ORDER
1. The applicant is praying for return of gold ornaments i.e. ear
ring, finger ring, silver anklets and cash amount of Rs. 10,000/ in C.R.No.
221/2011 registered with Vakola Police Station u/sec. 454, 457, 380 of the
IPC.
2. The I.O. stated that he has seized ear rings of 10 grams. He
has given no objection to hand over said ornament to the applicant.
3. The applicant submitted that theft took place in her house and
several ornaments were stolen. She has given description of the
ornaments in FIR. The applicant produced copies of FIR and Aadhar in
support of her version. The say of IO reflects seizure of only one ornament
i.e. gold ear rings. The applicant has shown prima facie entitlement to the
seized ornament. No one else except the applicant has claimed the said
ornament. It will not be proper to keep the ornament at the police station.
The ornament may be handed over to the applicant by imposing
conditions. In the result, following order is passed :
ORDER
1. The application is allowed.
2. The gold ornament i.e. ear ring of 10 grames seized by
Vakola Police station in C.R.No. 221/2010 registered u/sec. 454,
457, 380 of the IPC be given to the applicant.
3. The applicant is directed to furnish indemnity bond of
Rs.40,000/.
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CC No. 1022/N/2021
Gayatri V/s. Vakola PS
4. The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized ornament to third person without
prior permission of court and to produce the concerned ornament
before the Court, whenever required for trial.
5. The Investigating Officer is directed to take photograph
of the ornament and to produce the photographs and indemnity
bond with the final report.
Metropolitan Magistrate,
Date: 09122021 71st Court, Bandra, Mumbai.
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