Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 441/N/2023
Ashokbhai V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of Polished Diamonds
weight 46.95 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 Dhruvisha Gems, Registration Certificate of
Dhruvisha Gems, Importer-Exporter Code Certificate, his Aadhar card
and Partnership Deed. The partnership deed placed on record shows
that, applicant Ashokbhai is one of the partner of M/s. Dhruvisha Gems.
Application is well supported by affidavit of applicant. 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 46.95 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.35,00,000/-.
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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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