Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 440/N/2023
Hardik V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of Polished Diamonds
weight 34.72 carat, seized in connection with crime by B.K.C. Police
Station in C. R. No.429/2023, registered U/Sec. 420, 409 r/w 34 of
I.P.C.
2. I.O. did not object to return the seized muddemal to the
applicant. However, Ld. A.P.P. objected to release the muddemal, as it
requires for trial.
3. Admittedly, seized muddemal belongs to the applicant.
Applicant in support of his contention has produced copies of FIR,
Authority Letter issued by Gopinathji Impex, Registration Certificate of
Gopinathji Impex, Importer-Exporter Code Certificate, his Aadhar card
and Ashokbhai Kanjibhai Anghan who is informant. Application is well
supported by affidavit of applicant and NOC by informant. There is no
rival claim by any person in respect of the seized muddemal. Custody of
the seized muddemal is not required for further investigation. In such
circumstances, no good purpose would serve keeping the said seized
muddemal further in custody of police. Applicant is entitled to receive
the seized muddemal. In the result, following order is passed :-
ORDER
1. The custody of Polished Diamonds weight 34.72 carat,
seized in connection with crime by B.K.C. Police Station
in C. R. No.429/2023, registered U/Sec. 420, 409 r/w
34 of I.P.C. be returned to the applicant on furnishing
indemnity bond of R.20,00,000/-.
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2. The applicant is directed not to sell, transfer, alter,
dispose or hand over the seized muddemal to third
person without prior permission of Court and shall
produce the same before the Court, whenever required
for trial.
3. The Investigating Officer is directed to take the
photographs of the seized muddemal, at the cost of the
applicant and produce the same with indemnity bond of
applicant along with final report.
Mumbai.
Date : 19/10/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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