Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 468/N/2018 Bandra Police Station
ORDER BELOW APPLICAT ION FOR RETURN OF PROPERTY
1] This is an application filed by the applicant for return of property
namely 1) one Samsung mobile of white colour valued at Rs.500/, 2) one
Samsung mobile of gold colour valued at Rs.500/, 3) one gold flower pendent
valued at Rs.15,000/ and 4) one gold earring weighing of 4 grams valued at
Rs.12,000/ seized in C.R. No.298/2018 registered under section 454, 457, 380
of the Indian Penal Code by Bandra Police Station.
2] On the application say of Investigating Officer was called. The
Investigating Officer has filed say wherein no objection to handover custody of
seized property to the applicant on certain terms and conditions is conveyed.
3] In support of application the applicant has filed on record his own
“Affidavit” and submitted that he is owner of the said property. The applicant
further submitted that she is ready to abide every condition imposed by this
court.
4] Perused application, documents filed on record, say of police and
affidavit in support of application. Heard advocate for applicant. The Applicant
has filed on record xerox copy of F.I.R. dtd. 11/06/2018 which shows him to
be the original informant on whose report crime is registered. He has annexed
verified Aadhaar copy as proving of identify and address. The applicant further
filed on record copy of valuation document of the said gold ornaments.
5] At this stage except the applicant there is no other claimant who
has claimed the custody of seized articles. The seized articles may get damaged
permanently, if remained with police station for long period. No purpose is
likely to be served by keeping the said articles at police station till the
conclusion of trial. If seized articles are handed over to the applicant on bond
by way of interim custody no serious prejudice or harm would be caused to the
accused and prosecution. Hence, application deserves to be allowed on certain
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terms and conditions. Therefore, I pass the following order:
O R D E R
1] The application is allowed.
2] The seized articles namely 1) one Samsung mobile of white colour
valued at Rs.500/, 2) one Samsung mobile of gold colour valued at Rs.500/,
3) one gold flower pendent valued at Rs.15,000/ and 4) one gold earring
weighing of 4 grams valued at Rs.12,000/ seized in C.R. No.298/2018 by
Bandra Police Station be returned to the Applicant Mr. Mirja Ajij Baig residing
at Plot No.1, Room No.129, Shastri Nagar, Bandra W, Mumbai50 on executing
indemnity bond of Rs.25,000/ (Rupees Twenty Five Thousands only) with
condition that
a) The applicant shall not to sell, transfer, alienate, dispose off or
handover the said seized property to third person before the
conclusion of trial.
b) The applicant shall produce the said property as and when directed
by the Court in the trial or by Investigating Officer in the course of
investigation.
c) The applicant shall follow the conditions imposed on him
scrupulously.
3] The Investigating Officer is directed to take the above indemnity
bond of applicant and shall return the muddemal on due verification of
applicant. Investigating Officer 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: 27/08/2018
(S. R. Sharma)
Metropolitan Magistrate
12th Court, Bandra, Mumbai.
*NKD
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