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Final Order 1

CNR MHMM18007571201924 Oct 2019
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Final Order 1 · 24 Oct 2019 · CNR MHMM180075712019

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 755/N/2019
C.R. No. 188/2019.
Kherwadi Police Station.
Nanda Maruti Raut … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF SEIZED MUDDEMAL
PROPERTY
By this application the applicant is seeking return of seized
muddmal property viz. 0.5 gram pearl nose ring, 3.5 grams pair of gold
earrings, 13 grams gold Mangalsutra, 14 grams gold Lagad, 3 grams pearl
earrings, 2.5 grams diamond earrings, cash of Rs.1,20,000/ total worth Rs.
2,34,550/, as quoted in the application, being entitled for the same. It is
further alleged that, it was stolen by someone, therefore she had lodged
complaint with Kherwadi police station and said muddemal is recovered by
Kherwadi police station. She is ready to produce the said property
whenever required till final disposal of case. The application is supported
by various documents such as copy of F.I.R., affidavit, Aadhar card,
purchase invoice etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
property in favour of applicant. Whereas, learned APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned muddemal may be
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temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by her.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
ORDER
i) The seized muddemal and cash of Rs.1,20,000/ be handed
over to the applicant Nanda Maruti Raut, subject to
furnishing Indemnity bond of र 2,34,000/ (Rs. Two Lakh
Thirty Five Thousand Only).
ii) She shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
muddemal from all angles for its proper identification in
future and note down the denomination of currency notes for
evidence purpose.
iv) Copy to the concerned police station for compliance of this
order.
Date : 24.10.2019
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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