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. 551/N/2022
C.R. No. 79 /2022.
Nirmal Nagar Police Station.
CNR No.MHMM180076472022
Nilesh Yashwant Khanvilkar … 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 Nilesh Yashwant
Khanvilkar for release of gold chain weighing 5.760 gram , which is seized by
the Nirmal Nagar Police Station in connection with Crime No.79/2022
registered with the said police station for the offence punishable under section
452, 392 r/w 34 of I.P.C.
2) Say was called from I. O. & A.P.P.. The I.O. has no objection. The
learned A.P.P. has an objection and submitted that, it is essential at the time of
trial and thus she prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of purchase receipt, his mother's & his Aadhar
card & xerox copies of FIR & statement alongwith his affidavit.
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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 ingot is returned to the applicant. Under such circumstances, I pass
following order.
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. gold chain weighing 5.760
gram be handed over to applicant on executing indemnity bond of
Rs. 45,000/ (In words rupees Forty Five Thousand only), in the
police station.
3] The applicant should undertake that he shall not transfer, pledge
or any other way alienate the said muddemal till the final disposal
of the Crime No.79/2022 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.
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6] The applicant is also directed to produce her address proof.
7] Said application is to be affixed with Crime No.79/2022.
Date : 29.08.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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